Husband and two kids all british- wife failed asylum seeker

[jamil05]

I hope someone will help me. My sister is a failed asylum seeker. She is married to husband with ILR and the kids have British passports as well. They were married formally in the church of England. The husband is not willing to support her claim as a spouse. What can she do to regularise her status? The husband is with the British army

[CR001]

Do they still live together in a subsisting marriage?

Why won't he support her application??

[jamil05]

They live together under one roof but it seems husband is no longer interested in the marriage. He is only keeping her so that she look after the kids. Is there any route she can take using her kids? Any immigration sections she can take advantage of

[CR001]

FLR(FP) parent route but she cannot be in a subsisting marriage for this.

[jamil05]

Thank you for the reply. Form FLR fp is saying the applicant must be in the UK and before current visa expires. She does not hold any visa at all besides her asylum UKBA Issued card

[CR001]

If applying based on children she should be fine using the form.

[jamil05]

Can she use the same day premium service to apply?

In the meantime she needs to do as well Life in the UK test and English tests which are needed to apply as a parent of a british citizen

[CR001]

LIUK is only required for ILR.

I don't think she can use premium service as her case is not straightforward. She needs to understand that she cannot apply for the parent route if she is still in a subsisting marriage.

[jamil05]

Thank you CR001, What would you suggest she do? They still live together but no longer in a relationship. Can she apply using a different address as a parent of a british child? The kids are 2 and 6 years olds.

[Obie]

She may need to kick this guy out of her life for good. He is not worth the time of the day. If he has no intention for her to regularise her status in the UK, then he has no good intention for her, love or otherwise, and it is best she call it a day, and apply as parent, as advised.