marriage--worst case scenario

[bigmac]

as i understand it--any new immigrant cannot get any state benefits untill they are settled/ 5 years here--am i right?

if so--i cant see the point of the sponsors minimum income rule---but thats a different issue.

anyway--suppose a UK male--lucky enough to earn that minimum income ( wish i did )-----succeeds in bringing in a bride/or fiancee:

within the first 5 years they have children----but sadly the marriage fails--and the husband clears off.

now--the wife cant claim anything for herself--but what about the children?-----with young kids she might not be able to work--even if she could persuade an employer to take her on. and--can she even get ILR if the marriage has failed?

just what is she supposed to live on? or--where?--i dont suppose she can claim housing benefit either.

so--she throws the towel in--and returns home--but--what about the kids?--arent they british ?

now--remember-=-=this is someone who has legally married a UK citizen---not some eastern european who has rocked up here from the EEA with no job or prospects.

anyone care to comment ?

[rusty]

http://www.ukba.homeoffice.gov.uk/visas-immigration/while-in-uk/relationship-ended/

Partners of British citizens and people who are settled here

If your relationship ends while you have temporary permission to stay in the UK - that is, during your two-year probationary period before you can apply to live here permanently - you should tell us about the change in your circumstances and whether you intend to leave the UK. Since you no longer meet the requirements of the Immigration Rules under which you were given permission to stay here, we may consider whether that permission should be cancelled.
If you are a British citizen or settled here and your relationship with your partner ends during their probationary period, you should tell us that the relationship has ended. Our Partners and families (http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/relationship-ends/) section contains more information.

http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/relationship-ends/

This page explains what to do if you are a British citizen or a person settled in the UK and you end your relationship with someone currently who has permission to enter or remain here as your partner.

If your marriage, civil partnership or other relationship permanently breaks down while your partner still has only limited permission to stay in the UK (that is, during the 2 or 5 year probationary period before they can apply to live here permanently), you should tell us by writing

In this situation, we may curtail (cancel) your former partner's permission to stay in the UK. However, this will not automatically happen if the basis of their stay has changed - for example, they may qualify for permission to stay on a different basis, or there may be other compassionate or relevant reasons why it would not be appropriate to curtail their stay.


So it seems that they may not be sent home and would be given permission on a different basis and therefore may be able to claim benifits?

[bigmac]

and would be given permission on a different basis and therefore may be able to claim benifits?

hmm--where is that written? does anyone have any definite experience of this?

dont think i'm being a doom and gloom merchant--on a site full of happy-ever-after stories----but i live in the real world--where 1 in 3 (?) marriages do fail.

it would be good if all the starry eyed young ladies reading this forum really took all this on board. life in this country is hard enough if you have a roof over your head and a wage coming in. when it all goes belly-up its no longer an idyllic world of smart clothes and fancy restaurants.

[joebloggs]

if she has children and they are british then the rights of the child have to be taken into consideration, the mother could possibily give FLR but under the 10yr route, until she can apply fir ILR.

she would not normally be allowed recourse to public funds, but she could claim benefits for her british kids.

[tiger31]

there will always be ways round the benifit system when kids are involved its very hard to deport anyone that has kids no goverment wants to be seen in a harsh light .the appeal system alone takes forever so the longer it takes the harder it is to remove someone .CLASSIC example ABU QUTADA