I am a British citizen, married to a US national.
My wife is current coming to the end of the 2 year period on her temporary leave to remain. She applied for her temporary LTR in March 2010.
Our situation is as follows:
1/ I am unemployed, and have been for 14 months, despite every effort on my part to find a job.
2/ I am currently in receipt of Income-based Job-seekers Allowance, Housing Benefit and Council tax benefit. These were applied for on my own behalf, though my wife was mentioned on the forms we filled in, it was stated clearly on each submission that she has no recourse to public funds. This is my ONLY income at the moment.
3/ My wife receives a small social security cheque from the US, as she is disabled, and a small maintenance cheque from her ex-husband that is support for my stepdaughter.
I am aware that my wife's ILR application comes under the 'old' rules, but we are still very worried about the Maintenance section on the form. We've managed to make ends meet so far without asking for help beyond the benefits mentioned above.
A good friend of mine is ready to assist us should the situation require it, and is willing to put that in writing, providing supporting bank statements to that effect. The same is true of my Wife's parents in the USA.
I guess the problem is this:
if we include my HB and JSA in the equation, we are able to support ourselves including rent and council tax., based on having a spare £111 pounds spare per week. However, if my JSA and Housing benefit are not included, we can't meet that level.
We are extremely worried and time is getting very short. Can anyone tell us what is the likelyhood of my wife's ILR request being refused, and if it is, what recourse do we have to keep her and my stepdaughter in the country?
Many Thanks in advance
Jon C.
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