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Senior Partner
Senior Partner, Solicitor
Category: UK Immigration Law
Satisfied Customers: 13326
Experience:  Solicitor
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I am currently on a definite leave to remain which expires

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I am a Brazilian citizen currently on a definite leave to remain which expires in December. I am supposed to apply for ILR then as I have been in a civil partnership with my British Partner and living in the uk on de DLR for 2 years by then. However, my civil partner has been unemployed since June and she has started claiming housing benefit from august this year. I am working and paying for my part of the expenses, but my income is not enough to pay for the 2 of us. The benefit she is claiming is only for her part of the rent which is 400 pounds. Do you think this will affect my IRL application?
Thanks for your question. Yes I am afraid it will affect your application. You must show that both of you can support yourselves without recourse to public funds so a claim for benefits by your wife will mean your application for ILR is likely to fail. you need to finding a way of getting her off benefits before you have to apply.
Customer: replied 6 years ago.
Thank you. I had already read about that requirement on the ukba website. If she comes off the benefit wouldn't they know she had previously been on them anyway? And if she still doesn't have a job by the time of the application even though she is no longer on benefits, wouldn't it affect the application too? It seems a bit cruel that after paying tax for over 25 yars and having been made redundant they will kick her parter who is currently paying tax out of the country! Wouldn't it be agains the human rights to tear a marriage apart in that case? Sorry, im just trying to figure out wherer i should save the 1350 pounds application fee and go bk to my country! I just didn't want to leave her here when she wouldn't have a place to go to if i leave!!
It may be possible to use a human rights claim but it would not be straight forward. IF you had a longer marriage and children for example the position would be easier. If she is able to get a new job then I don't think it ma tters that she has briefly claimed benefits after being made redundant but I do think you will have a problem if your income is inadequate to support both of you when you apply .
It may seem unfair but those are the current rules.
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