Pregnant Wife's Intention to Claim Housing Benefit

[unfair]

Dear All,

I'm in a very complex web and I'm in desperate need of expert advice.

My PSW visa got rejected in February due to maintenance funds. My wife is a British national born and bred.

However, we were not married as the time I applied for the PSW visa although we had plans to as I was sure that I was going to get issued with the visa.

As you all know, HO is very strict on the maintenance fund issue and have apparently advised the AITs to enforce the law without compassion.

I appealed against the decision while the appeal was pending, we got married in the Church of England.

Needless to say, the appeal got refused and the case has meandered its way through various channels, been to the High Court and the High Court has ordered the AIT to reconsider the decision to refuse my appeal. My solicitor, however, seems to have given up as he says he can't see any light at the end of the tunnel due to HO's new ruthless verve.

Again, while the appeal was pending, I decided at a point to abandon the whole process and go back home to apply for an entry clearance. Then we found out that my wife was pregnant ( she's now over 5 months pregnant ).

I spoke to a couple of solicitors just to sample their opinion. I was told, that there was a 50-50 chance of me applying for a spouse visa and being successful as my wife was pregnant.

The spouse visa was refused.

As at the time of my application, my wife was in gainful employment. She has now unfortunately lost her job and at this stage of her pregnancy it's quite hard to get another one and moreso, her pregnancy is classified as high risk. She therefore has no option now than to claim housing benefit, something I'd always dreaded as I knew it was always going to affect my application for a spouse visa.

I'm going to the final appeal hearing for the PSW visa on the 10th of September and if God forbid, nothing positive comes out of it, then I'm doomed.

I can't afford to miss the birth of our first child ( estimated delivery date 05 Jan)

What am I to do? My solicitor is trying to secure legal aid for us and then do a representation later based on human rights violation.

My question is, will my wife's claim for benefit affect my application even though I may not be included and no benefit will be claimed for me? My solicitor doesn't seem to draw a clear line as he says that as long as the benefits are not claimed for me, then it's fine but if she claims housing benefit and I live in that same house then it is being claimed for me, isn't it?

Please offer your kind advice and please tell me the truth as I've had enough of solicitors offering me various advice just to market their firms.

Thank you