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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, My wife is Ukrainian and has been in the UK on a Spose

Resolved Question:

Hi,

My wife is Ukrainian and has been in the UK on a Spose Visa for two years, her current visa runs in June 2012. We have a child who is 1.2 Years old who has a british Passport and british birth certificate. My wife and I separated three weeks ago and she took my daughter and went back to the Ukraine. The reason for the split is that I have found out that it is highly possible there our marriage was a scan to gain access into the U.K, through finding information on our internet and also she had been speaking to other U.K men. I have been told my wife will attempt to come back into the U.K this week on her visa which is in my name as her sponsor, but she will not be living with me?? I have spoken to Immigration and they have made me aware that all I need to do send fax them a letter with information of her visa to them, and they will stop her entry. As you can imagine I really don't know what to do because we have a small child, what I need to know is if I file for a divorce or we keep separated can she still apply for a visa through the fact of my daughter being a British citizen and if I was to cancel her visa and tell them that she is coming here without living with me, would that be totally it?? And I wouldn't be able to go back?? as you can imagine I don't want to lose my daughter, but I don't want to be seeing doing at the moment my ex partner any favours.
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.

Hi,


What do you mean when you say ".. And I wouldn't be able to go back?"

 

Are you likely to dispute who has residence of the child?


Tom

Customer: replied 2 years ago.

Sorry what I meant would that be the end of her visa??if I sent a fax to the Immigration, do they put a stop on the visa or do they cancel completely.

 

I am not sure at this point whether I will dispute that, i do believe it would be more beneficial for our daughter to have a UK passport. But if I did dispute it, would that then give my wife more rights to stay here, than if I didn't dispute it.

Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your reply.

If you have informed the UKBA in writing that your relationship with your wife has broken down then they will curtail her visa. This should update on their system so that when she attempts to enter the UK she will be denied entry.

Simply having a UK citizen child does not mean that a person will physically be let in to the country if they have no leave to remain (which you wife would not have once they have curtailed her visa).

Once they have curtailed her visa she would need to make a further application for leave to remain on the basis of your child. It is no guaranteed that she would get this and she would need a UK solicitor to act on her behalf to give herself the best chance.

If your view is that it would be best for the child to live in the UK with both you and your wife being part of her life then the best way to achieve this in view of the fact that the UKBA will have curtailed her spouse visa would be to support her application for leave to remain on the basis of the child. If you support the application then she will have a much greater chance of applying on the basis of the child because there will be a human rights argument in respect of you and your child’s right to a family and private life

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,


Tom
Customer: replied 2 years ago.

If I curtailed the visa now, and then if we sorted our difference out and wanted to try again, would this mean the current visa application is null and void.

 

And if I wanted to get custody of my daughter, as I don't want to help my ex-partner as this is what she has planned since day one, where would I stand in my rights??

 

Thanks for your help

Expert:  Thomas replied 2 years ago.

Hi,

 

If the visa is curtailed but you decided to try and make another go of your marriage (and she was at the time in the Ukraine) then she would have to make a further settlement application again I'm afraid, so yes - null and void effectively.

 

If your daughter is in the UKraine and you wished to get custody then you would have to commence and action in the Ukraine. This would get very very trick at that point.

Trust this clarifies, please click accept.

Kind regards,

Tom

Thomas, Solicitor
Satisfied Customers: 6445
Experience: BA (Hons), PgDip, Practising Solicitor
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