For a friend advice on FLR to ILR under not so good cicumstances

I need to know a few things for a friend of mine who is a USC married to a UKC with one young child.

This friend is a stay at home mom with no income at all. 

She has decided to leave her husband, but has not applied for the ILR.  Her husband is threatening not to pay for the ILR.  So there are a few questions.

First, can they get an ILR or are there funds available to help someone in this situation?

Secondly, if she do not apply for the ILR what does her legal status become?

Of course the issue of child custody is very important as well.

Does anyone have any advice I can give her?

Thanks!

Unless she is a victim of domestic violence, once the marriage has broken up then she has no right to stay in the UK as a dependent.  She can apply outside of the rules on compassionate ground, but there is no guarantee this will be approved.  It is worth a try though.


Victoria

I have not advice (I wish I did) but I'm sending my good thoughts to your friend, how awful!

If her child is a UKC,couldn't she apply for another visa while in the UK?

There is no visa which automatically gives leave to remain just because someone is the parent of a UK national child, but this would be the main point of the application outside of the rules.

There could be a problem with meeting maintenence and accommodation requirements though.

Victoria

Garry has just informed me that I am wrong!  There is apparantly a  visa for a single parent -  FLR of 1 year which leads to ILR...I am up to my eyeballs at the moment or I'd check for more detail, but sorry for missing this.

Victoria

No problem and thanks for the responses!  I meant to get back to this ages ago but have been swamped!