DLR extension. advice needed please.

[Giveita100]

Please I urgently need advice on Extension of my DLR. I was issued Dlr in october 2011, I am seperated from my wife (but still legally married), we have 2 kids (british, including my wife). I work full time and earn over 30k/year. I pay her maintenance, everything concerning their schools and holidays. I see the kids as much as I want and my wife gave me access to their birth certificate and everything I will need to apply for my extension.

She will be writing a cover letter for me as well, plus we have been attending counselling as well and our counsellor is writing a letter too, because not only are we working on our marriage, we seriously planning on moving in together again.

My situation is still the same the only thing changed from last time is the fact that we decided I should move out temporarily while we work on the marriage as we were arguing too much and was affecting the kids.

My questions are:

Will the home office see this as change of circumstance to want to refuse my extension?

Should I consider using a lawyer or applying myself? I really want to not involve a lawyer only if it will be seen as complicated.

Please any advice will be greatly appreciated. Thanks alot guys

[Obie]

On what basis were you granted DLR?

On the basis of relationship with your wife or your children?

[Giveita100]

On basis of marriage and kids as well. My son is 9 and my daughter 3. I think maybe family. My initial application was through a lawyer. I had a valid visit visa

[Obie]

If you are no longer in a subsisting relationship, you will need to rely on you children.

You will need to apply on the basis that you play a role in the life of your British Children.

[Giveita100]

Well, initially when we seperated, we had a bad argument that led to me moving out and she had to apply for housing benefit as she didnt want nothing from me. She has since stopped her benefit about 3 months ago and I was paying the rent again even tthough we werent living together. Some of her utility bills are still in my name as I didnt bother changing it, just to support her financially. As advice by our counsellor, we should move back together as we are doing alot better.

Does the fact she went on housing benefit, and income support, or the break we took be considered not a subsisting relationship? And affect my application?

[Obie]

It is understandable that you are seeking to reconcile things, but it can hardly be described as a subsisting relationship, given the above facts.

[Giveita100]

So would you advice on going through a solicitor or go ahead and do it myself pls? Thanks alot Obie

[Obie]

You can certainly do it yourself if you understand the rules,and can clearly explain the basis of your application.

I believe you have a strong basis of success in regards to the children, provided it can be shown that you play a significant role in their lives.

[Amber]

If your circumstances have changed, they may refuse your DLR but if you have British children, they may instead give you 2.5 years FP life leave to remain.

[Giveita100]

If your circumstances have changed, they may refuse your DLR but if you have British children, they may instead give you 2.5 years FP life leave to remain.

I do understand what you are saying... either way I will be giving some sort of leave still.

Thanks for your reply

[Giveita100]

Hello Amber,

Would receipt from our holiday and booking confirmation help prove we are in a subsisting relationship? We have been on holiday every year and most recently her mom came along as well. Also, she wrote a letter stating that even yhough we are seperated, we are husband and wife and continue to work on our relationship and nothing has changed. Do you think that might be close to proving we are subsisting??

[Amber]

It might, what about any holiday photos?

[Giveita100]

I have family holiday photos, birthday cards, from in laws as well, yearly fathers day cards from my soon. Visits to theme parks n different zoos as well. Also with my mother in laws in them

[Amber]

That might be more supportive.

[Obie]

I am of the view that under national rules a relationship is deemed to be subsisting if the couple are living in the same household.

A couple separated for any reason, cannot be deemed to be in a subsisting relationship.

[Amber]

Cohabitation is one way of showing a subsisting relationship but not the only way. Marriages have difficulties and can still be subsisting even if the couple have had a few bumps along the line. A matter for the court to decide.

[Obie]

Cohabitation is one way of showing a subsisting relationship but not the only way. Marriages have difficulties and can still be subsisting even if the couple have had a few bumps along the line. A matter for the court to decide.

A marriage with difficulty cannot be described as subsisting. I am prepared to accept that a marriage in which a couple dont live together can be reasonably described as subsisting if due to work, overseas duty like military services, or visa restriction(provided they intend to live together) the couple dont live together.

If we are dealing with EU law, then the rules of the game are totally different.

[Amber]

There are a number of factors to consider not only cohabitation, see also, https://www.gov.uk/government/uploads/s ... -FM2.1.pdf

[Giveita100]

Just to add to amber's argument:

My wife has visited my country 4years ago and got the visa stamp in her passport to prove.

We have proof of co-habitating before in form of utilities bills are in both names even until now.

we have been on holidays and we got pictures and receipts for it.

Birthday cards from the past and fathers day card.

doctors regiatration certificate showing same address.

hope that should be enough? But if I missed anything please update me guys. Thanks alot