How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask UKSolicitorJA Your Own Question

UKSolicitorJA
UKSolicitorJA, Solicitor
Category: UK Immigration Law
Satisfied Customers: 3633
Experience:  English Solicitor and UK Immigration Law Expert
62162956
Type Your UK Immigration Law Question Here...
UKSolicitorJA is online now
A new question is answered every 9 seconds

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My fear is that if her visa was revoked she would also have to take my son with her to Russia, although there is nothing for her to go back to as she would not be able to work with a baby (hardship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: 2 years ago.
Category: UK Immigration Law
Expert:  UKSolicitorJA replied 2 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
UKSolicitorJA, Solicitor
Satisfied Customers: 3633
Experience: English Solicitor and UK Immigration Law Expert
UKSolicitorJA and 3 other UK Immigration Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    793
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    782
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/AMARHAYAT/2009-12-11_31638_phpZxJuBB_c2PM.jpg A Hayat's Avatar

    A Hayat

    Immigration Solicitor

    Satisfied Customers:

    205
    13 years specialist skill in UK Immigration & Nationality Law
  • http://ww2.justanswer.com/uploads/paulrichmond1/2010-05-29_112318_PaulRichmond.jpg Paul Richmond's Avatar

    Paul Richmond

    Barrister

    Satisfied Customers:

    114
    LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
  • http://ww2.justanswer.com/uploads/AW/AwanLegal/2011-6-16_113818_DSC00284.64x64.JPG Awan-Legal's Avatar

    Awan-Legal

    Solicitor

    Satisfied Customers:

    95
    Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    19
    solicitor with 8 years experience