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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
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I have been married fior 8 year and currently assisting my

Resolved Question:

I have been married for 8 year and currently assisting my wife to get her Indefinite leave to remain in the UK. We are seperated for the past 2 months, would this prevent her from getting her leave to remain in the UK? My wife has completed her first 3 years given to her and is one year into the second three years before she is granted her indefinite leave to remain. She has two children age 10 and 5 years old. I an the father of the 5 year old.

we had a mis understanding on the 23th November 2014 after i confirm to her i would be traveling to the USA on the 24th November 2014.

She made lots of threats including

1.  making me loose my job (she hide my work ipad and promised to send rude emails as if i sent them)

2. making reports to the police concerning her 10 year old daughter which will increminate me.

She throw my clothing out into the garden.

I reported the matter to the Police and stayed in a hotel that night and travelled to the USA as planned.

The police went around to the house the next day and she told them that i moved out, insted of telling them i had traveled to the USA for 5 days.

My wife started to claim Child benifit in her name  and with in a week started to claim working & tax credit.  recently she received a NHS credit Exemption Certificate.

I am still living in the house but have nothing to do with her. I still continue to pay the rent,  bills and taking care of the children.

I am trying to save my Marriage.

Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

Hi Nicola-mod,

Many thanks for getting back to me.

I will continue to wait for you answer as I am aware that locating the best generally takes time.

I know that you will find the right professional To answer my question.

Regards,

Dexter

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question, I will be happy to help you today
When does her current visa expire?
Why did she start claiming benefits?
Is this just an argument or has your relationship truly broken down beyond help?
Kind regards
Customer: replied 2 years ago.

Sher has temporary leave to remain in the UK (the first three years).

She has completed the first three years, and had sent related documents to the Home Office for rthe second three years.

the second three years will expire in June 2017.

As to why she start claiming benifis. according to her she told social services that I moved out. She did not tell them that i traveled to the USA.

Arrangements were then made for her to claim Child benifit in her name and with in a week started to claim working & tax credit and recently she received a NHS credit Exemption Certificate.

We had an arguement on the night of ther 23th November 2014 after i confirm to her i would be traveling to the USA on the 24th November 2014.

She made lots of threats including

1. making me loose my job (she hide my work ipad and promised to send rude emails as if i sent them)

2. making reports to the police concerning her 10 year old daughter which will increminate me.

She throw my clothing out into the garden.

I reported the matter to the Police and stayed in a hotel that night and travelled to the USA as planned.

On my return into the Country on Saturday 29th I called her phone but she refused to talk to me.

I spent that night in a hotel.

On Sunday the 30th i Met her at church and spoke with her in the presence of the Pastor.

She claimed that i moved out the house and left bher and the children. I told the pastor and her that i traveled to the USA

I was at home since the 30th until now. It was just an arguement, the relationship is not truely broken as i continue to get the relationship back on track.

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
If the case is that of an argument, then I would recommend that you need to ensure that the benefits stop and any public funds that are claimed are claimed back in your name.
The fact is that the actions your wife has taken after your 'argument' has all the attributes of someone not willing to get back with their partner. You need to ensure that your wife clarifies the issues regarding not only the benefits but also the social services.
The home office can do checks on all government departments and you do not want them to make an issue of the events which occurred on 23rd November 2014. Therefore, yes she may still be able to apply for indefinite leave to remain on 2017, but you need to ensure that no further public funds are taken in your wife's name and that any issues regarding the social services is put to bed.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience: I am a qualified solicitor and an expert in UK law.
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