Wednesday, August 10, 2011

Will my wife's claim for indefinite leave to remain be successful?

My wife's temporary leave to remain as a spouse will expire next year, so we will apply for IDL. I am concerned about her chances of success in view of s287 (iv) - the accommodation requirement - and (v) - the financial requirement of the Immigration Rules. We are currently both unemployed and have had to move in with my mother in her flat until we find suitable work (my wife and I have both since registered with the council as living at the property). Previously, she had worked for a year but her contract was fixed term and expired a few months ago. We pay no rent or bills, but I am concerned as to whether we "occupy exclusively" the premises for the purposes of 287 (iv)? In addition, other than financial support provided by my mother in terms of food, and the support of my wife's mother who occasionally transfers funds into her daughter's bank account, we have no income of our own, and therefore the requirements of s287 (v) – “the parties will be able to maintain themselves and any dependants adequately without recourse to public funds” - are also of concern. I am currently claiming JSA (it is not a joint claim as my wife is ineligible, being a non EEA national) so I wonder if this can affect part (v) as well? Does anyone know if our claim is likely to encounter problems, and if so, what would be our chances on appeal? Also, if my wife or I gain employment in the time before sending her application (around 2 ½ months from now) will this period of unemployment affect her claim? My apologies for the amount of questions, but your help would be highly appreciated.

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