19F (adopted by me, biological mother is my wife) - 01/07/1992
16M (adopted by me, biological mother is my wife) - 16/9/1994
9F (my wife and I are the biological parents) - 09/08/2002
I engaged a law firm to assist me with securing the children's right to stay in the UK independantly of their mother as we were all uncertain of her plans and actions.
At that time, she was still living in the family home. The law firm advised at that point it may well be easier for everyone to go ahead with my wife's ILR and address any marriage/divorce issues afterwards in that in order for the ILR to be granted, a marriage doesn't necessarily have to be a good one but merely subsist.
Since then, she has moved out as I have mentioned. The law firm has yet to comment on my current situation.
I am also in conflict here as if I am also being penalised regarding my tax credit status in that I ambeing taxed as a parent with a partner where in fact I not. If I change my tax credit status I am confirming that she is no longer my partner (even tough we are still married) and this would go against her ILR.
I would like to think that she would be granted ILR as we did move to the UK together and that as she has no qualifications, no home in South Africa, she really doesn't have anywhere to go. I would also like to think that she would be granted ILR for the sake of the children - the two youngest at least.
I really need to make a decision on this ASAP.
Thanks for reply.
To clarify the situation regarding tax credits.
My wife returned to South Africa in December 2009 barely four months after we arrived.
I applied in Jan 2010 as a married person for tax credits. I was contacted by the HMRC where I informed them that my wife had returned to South Africa and was told to re-submit my application as a single parent.
She returned in March then left for SA again a month later.
She then returned to the UK again in June 2010 and as far as I know, has been in the UK since.
I informed the HMRC that she had returned (in June) and had my TC status changed again (from applying as a married person, re-submitting as single parent and now back to a married person or, living with a partner). I may have mentioned to the HMRC telephonically that the marriage had problems and she had left for SA but then many marraiges have problems resulting in temporary breakups.
As a result of this, I have incurred a lesser TC figure which effectively means I have to repay money.
My wife can state that she had good grounds to return to SA in 2009 and 2010 as her father was sick and passed away in 2010 after she returned to the UK; she was unable to attend the funeral simply due to financial limitations.
I do not know whether she is officially paying rent where she lives now or is merely "working" for her rent by cleaning, washing etc for the people that live there.
She is working full time as a care worker at a home for disabled. Her mail is still received here and as she is still listed here on the voters roll.
Neither she nor I can afford any more legal expenses but I also do not want to put myself on the wrong side of the law. Having said that, the fact that there is a good chance she would be allowed to remain based on family rights etc does remove some of the weight on my consciance should I sign the ILR application as the end result would hopefully be the same.
I suppose everything has to be verbal as any signed agreements between my wife and I would be evidence to contradict the application.
So, by changing my status with the HMRC to single parent but informing the UKBA that we are living together would be fraud, what would it amount to by not changing the status with HMRC and informing the UKBA that we are living as man and wife even though I have not informed them that she has temporarily moved out? (I have read on the UKgov sites that I am obliged to inform the UKBA of any chnages in the marriage).
Unfortunately, the lawyer I have dealing with is on holiday until end of August and I don't want his partners to take up the case.
In fact I will have to make a decsion today.
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