Public funding to get access to your children does not count as public funds for the purpose of your visa. You are therefore not breaching your conditions in any way by getting this legal assistance. The public funds to which it refers are things like income support, employment support allowance etc. You are not allowed to claim these on your visa but legal aid shouldn't count as a breach of your requirements and therefore should not have any impact on your getting ILR. If the Legal Services Commission try and tell you that you should repay the money, you should query this as it legal aid does not count as a public fund since asylum seekers have no eligibility to public funds but they are the main recipients of asylum legal aid.
Click on this link.
This is the Home Office explaining exactly what they count as public funds and what they don't. As you can see, they do not consider legal aid to be public funds for the purpose of your visa.
Yes the LSC is government funded but it is not considered to be 'public funds' in the same way that income support is.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).