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Married to non-EU foreign national with baby...

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04 May 12 #328337 by uknationalhusband
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Hi All,
I''m heading to the citizens advice bureau today but was hoping someone could advise. My wife is non-EU, she is on the first year of her UK spouse visa. We have a baby son who was born in the UK. My wife and son currently live with me but the situation is deteriorating. I have already obtained legal advice on her immigration status, because our son is a UK national, under the human rights convention she is allowed to remain in the UK and I have a right to see my son. I would need to notify the Border Agency if and when we separate. My question is around housing, it is becoming increasingly difficult to live with her, I work while she stays at home with our son. If we were to separate what housing would she be offered, I know for a fact that because of our son she would be entitled to housing but am not sure how this would work, would she go into a hostel as with other single mums? I will support my son financially as is my responsibility but cannot afford two homes for myself and for her. I assume she would be housed pending her ILR (indefinite leave to remain) visa.

Any advice is greatly appreciated.

Thanks

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06 May 12 #328696 by dukey
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I think you`ll find the childs housing need will be the number one priority, if anyone has to move out it will be you, not your wife and child, for all your sakes think of solutions.

If you can`t live together talk about how you can work things out, if you end up in court with this you wont be a happy man when you walk out.

Now about now i reckon your thinking nuts to that its my house!, you got married and had a child together, a whole new ball game.

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06 May 12 #328717 by uknationalhusband
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Thanks for your reply. Your making the assumption I own the property, its privately rented accommodation so if I moved out there would be no one to pay the rent, I have no assets and would contact the CSA as a matter of course.

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06 May 12 #328728 by dukey
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I`m not making any assumption, own it or rent the chances are the child and mother will remain in the home the child knows, a hostel is not an option.

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06 May 12 #328760 by happe
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Your wife will receive benefits including housing benefit to pay her rent. The amount she gets will depend on the area you live in, I
believe she will be entitled to claim for a 2 bed roomed property. She will also get income support and tax credits, leaving you free to fund your own place.

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