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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: UK Immigration Law
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Experience:  English Solicitor and UK Immigration Law Expert
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This is a UK Immigration question. I am a UK citizen, I married

Resolved Question:

This is a UK Immigration question. I am a UK citizen, I married my Russian wife in Moscow last year, she was granted a spouse visa a few months after. She feel pregnant before we were married and my son was born in the UK toward the end of last year. My relationship with my wife is proving to be particularly difficult and whilst I am not immediately considering divorce I feel, under the circumstances, I should understand what will happen to my wife and son should our relationship become too difficult to continue, it is not good for my son to be in an unhappy relationship.

I understand that if we separate I must inform the UKBA who will review her case and likely she will need to apply for a different visa to remain in the UK. I work full time and have another son to support from a previous relationship and therefore my wife would retain custody of my son and I would see him on regular weekends. She would most likely move in with my mother, whom has already agreed this is okay.

My fear is that if her visa was revoked she would also have to take my son with her to Russia, although there is nothing for her to go back to as she would not be able to work with a baby (hardship entails). Considering my son is British, she is less then a year into her spouse visa, is there any chance the UKBA would send her back to Russia, therefore preventing me from seeing and raising him in partnership with my wife/ex-wife?

The last thing I want is for my wife or son to be sent to Russia but in order for me to deal with what is happening I need to understand 'our' circumstances.

Many thanks in advance.
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  UKSolicitorJA replied 4 years ago.
Hello,

I am happy to deal with your UK immigration law issues.

Your wife is entitled to apply for leave to remain in the UK as a person exercising rights of access to a child. She is eligible to apply under this category without leaving the UK as she is currently here on a spouse visa.

See here: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/idischapter7/section1/section1.pdf?view=Binary

She will be given leave to remain for 12 months after which she will be eligible for indefinite leave to remain.

Thank you
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