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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 am srilankan dob 03/12/72 arrived in uk 23/12/2011 on spouse

Resolved Question:

I am srilankan dob 03/12/72 arrived in uk 23/12/2011 on spouse visa now on residence permit till 11/11/2015.I have a 3 1/2 year child(british),taking life in the uk and skills for life on the 15/05 confident of passing.We depend on partners pension of gbp 187/week plus child benefit and tax credit.Also housing benefit.Due to dependence on public funds am I barred from applying for indefinite leave to remain-Manjula Uyange
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year 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 1 year ago.

I can wait another day.If I did not get a reply by Friday 17th Apr will be obliged to cancel the subscription.Thank you

Customer: replied 1 year ago.

please reply asap

Expert:  UK_Lawyer replied 1 year ago.
Hi, thank you for your question, I will be happy to help you today.
Could you confirm your spouses nationality?
Kind regards
Customer: replied 1 year ago.

My husband is British

Customer: replied 1 year ago.

My spouse/husband is British

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.
It is not a question of you being barred, the home office would have clearly stated on your residence permit that you should not have access to public funds, if in your case you have had access to public funds the home office would take this as being a breach of your visas conditions and therefore would refusal any application for indefinite leave to remain on this basis.
If however, all the benefits are being taken in your spouse's name and you are not benefiting or relying on those benefits and are undertaking work etc to maintain and accommodate yourself then this would give you a better chance of obtaining indefinite leave to remain.
In your case it seems that you are reliant on the public funds and benefits being received, therefore it is unlikely that an application for indefinite leave to remain is successful. If you however, still which to proceed with applying for indefinite leave to remain then you would need to convince the home office of why you have to rely on public funds and your current circumstances will them be taken into account and a decision will be made.
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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