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Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 7506
Experience:  BA (Hons), PgDip, Practising Solicitor
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To whom it may concern. Im a South African man married

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To whom it may concern.

I'm a South African man married to a British citizen & share a child together,we got married the 22 of Jan 2010 in S.A where i move back to the U.K in Sep2010 as her spouse.Since ive move back last year my wife has been dissrespectfull,ect. and has been going out twice a month if not every week without letting me know where she is going or when she'll be back while im sitting at home looking after our son who was the a year old.I do have all the prove (text on my phone & emails) for all the nasty things she said from the year that past...

Well a month ago i took her phone just to see what her movements are & i came down to text msg where she discuss with friends,ect how she planning to divorce me but it will still take a while for the paperwork to go threw,Me not knowing that she still get child benefits & making me believe i must pay more money for my sons wellfaire that i'm suppose to while she is using that money for other stuff,ect.

After confronting her about the matter i was chucked out for the second time.I am the biological father and my name is XXXXX XXXXX birth certificate,from what i know i have just right over my son as she got.I can see him on a weekly basis but she don't wanne let me take him out to the park,church, she is saying i will kidnap him lol.

I want to know how must i go about this matter about my son spending time with me (father & son time),when we get divorce my spouse visa will no longer be valid but can i apply to stay via my son passport (British Citizen) as i'm still supporting him up till today???

Plz come back to me on this matter...
Submitted: 5 years ago.
Category: UK Family Law
Expert:  Thomas replied 5 years ago.

Thanks for your reply.

I assume that she would not support any application you make in Jan 2012 for ILR on the basis of two years on a spouse visa, to do this you would have to both consider that you are still in a married relationship.

In order to apply on the basis of your son (UK citizen) you would have to apply on a discretionary basis. This is an application outside of the normal immigration rules, so you won’t find it on the UKBA website.

In order to be successful you would have to show that your son shall remain permanently in the UK. There’s a case called Zambranno which is helpful to you. You will have to show the UKBA that it is agreed with your wife that the child should remain in the UK. You should also at the point you apply (ideally) have agreed with your wife who is to have residence of the child and who shall not have residence but shall have contact.

Your Article 8 right to a family and private life will have to be argued on your behalf and that of the child as well.

If you can show what you have agreed then you will be able to apply for discretionary leave to remain and should be successful. I would strongly advise that you instruct a solicitor to prepare the application because it’s specialist. It should cost around £1000+vat for them to act on your behalf.

You should also apply before you visa expires as this will unnecessarily complicate things.

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept.

Kind regards,

Expert:  Thomas replied 5 years ago.

I note you have not clicked accept to my answer. Is there any further information you require?

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Please click accept.


Customer: replied 5 years ago.
cheers XXXXX XXXXX info about what to do to stay and support my son but i would also like to know how do i go about to spend some time with my son (father and son time) without her supervision..Do i have the right to go pick up my son for church,the park,ect. even if she dont want me to...can i be arrested for this matter (kidnapp)???
Expert:  Thomas replied 5 years ago.



I will be able to answer in one hour


Expert:  Thomas replied 5 years ago.

This is technically a separate question but I will answer if you first click accept.

Please also confirm if you are named as the father on the child's birth certificate

Kind regards,

Thomas and other UK Family Law Specialists are ready to help you

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