uk+non eu lived together 5yrs claiming HB? HELP ONLY 2 WEEKS

[myrlabelle]

HI
i have been reading through the posts but i can't find an answer to my Q, I only have 2 weeks to apply for my FLR(M) as visa runs out in feb!!

i have been living with my fiancee for 5 yrs and he is claiming HB, CTC, CB...he isn't working and won't be able to do so for a while for personal reasons....the problem is that he has never included me in the HB claim (i just recently read that he should tell them abt me)
my auestion is, when i apply for FLR(M) and DL under article 8 of the ECHR will the HO get in touch with the HB and tell them abt me??
then they will freeze the HB???
if so, i won't apply for the FLR(M), but i don't want to overstay!! my family are not accepting neither me or my baby to go and live with them, plus my fiancee refuses that our daughter leaves him and i can not leave her either ...i have nowhere to go! pleeaaase someone who knows the laws help!! i can't sleep i am seriously stressed please help!!

[John]

You don't tell us his nationality so it is difficult to answer.

Is it just the HB claim that you have not been mentioned on? What about Tax Credits? Please confirm that claim is in joint names?

Are you working? Earning roughly how much?

What sort of visa do you have at present? And if you are going for ILR, have you already passed the Life in the UK Citizenship Test?

[myrlabelle]

hi John

He is british, and no i haven't been included in any of the claims!! we didn't know that he had to tell about me as i am on a student visa and don't work!! my mum used to pay for my studies and we lived off whetever we had...not great but OK.

I am going to apply for a Discretionary leave- an article 8 claim as i know that i don't qualify for a spouse visa cos he isn't working...thanks John

[John]

Wait a minute, you don't have the ability to apply for a spouse visa, because you are not married! Or if you are married, why did you use the term "fiancee"?

I am struggling to understand what your current visa is. Can you tell us please?

Also, have you passed the Life in the UK Citizenship test?

[Wanderer]

Wait a minute, you don't have the ability to apply for a spouse visa, because you are not married! Or if you are married, why did you use the term "fiancee"?

I am struggling to understand what your current visa is. Can you tell us please?

Also, have you passed the Life in the UK Citizenship test?

John, read the OP's multiple threads on the same subject, pain in the arse but....