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Clare
Clare, Solicitor
Category: UK Immigration Law
Satisfied Customers: 28388
Experience:  25 years hight street experience
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Hi I am Pakistani national resident of UAE..Some time back

Customer Question

Hi
I am Pakistani national resident of UAE..Some time back my wife a Pakistani national (resident of UAE under my sponsorship) went to Pakistan with our two daughters(aged 9 and 5, again pakistani national under my sposorship in UAE) and then UK

she is taken my children to UK without my consent and not let them speak to me for last 3 months ..she is staying with her brother who is a resident in UK...i need help to get my kids back...she is making a false case of domestic violence against me...albiet that we live in Dubai since last 10 years which has very strict laws against domestic viloence..i want to get my children back...i am a doting father
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  INC replied 1 year ago.

INC :

Please remember to RATE my answer by using the smiley faces OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE. If you seek clarification please ask.

INC :

Hi, what permission does she have to be in the UK?

Customer :

she just has a family visit visa that was issued to my self and the family (herself and two kids) valid till 24th dec 2012 ... and the sponsor is her brother who is a british and pakistani nationality

Customer :

As afamily we visited UK in july for 15 days

Customer :

after coming back from UK she was upset as she missed the life there...

Customer :

upon entering UK again with my daughters she was able to get my visa issued by the UK embassy in Abudhabi revoked

Customer :

she went to UK with our daughters without my consent and knowledge

Customer :

She first went to karachi pakistan with my knowledge and then fled to UK without my knowledge

Customer :

her brother lives in UK with his wife and a daughter

Customer :

we also came to know that she is applying for asylum and accusing me of domestic violence

Customer :

when we were in London for a visit she and her brother insisted that i stayed there illegally and not return back

Customer :

i work in a good postion in Dubai so i refused...i have lived in Dubai for last 15 years...we have been married for last 10 years...and she has been in dubai for that period...

Customer :

she has never lodged any complains against me with the Dubai or pakistani authorities...although the UAE laws are very strict against domestic violence

Customer :

i have good character certificate certificate from my employers, neighbours, UAE authorities

INC :

Are you thinking of filing for divorce or just require access to your children?

Customer :

i require access to my children who she has kept incommunicado from me for the last 3 month...wasnt even able to speak to my 5 yr old daughter on her birthday..

Customer :

i want my children to be closer to me either in Pakistan or UAE (dubai) where i can regularly visit them

Customer :

i cant afford to travel to UK frequently

INC :

Hi, do you have any desire to move to the UK?

Customer :

no

INC :

The reason I ask is that you may be eligible to make an aplication under the access to a child rules.

Customer :

i have a very good job in dubai

INC :

Ok.

INC :

If this is the case, you will have to file for custiody of teh children either in pakistan or Dubai as this is where you and your Spouse are ordinarily resident or nationals of.

INC :

You may also file for custody in the UK, however, as you are not present, it will be a complicated and lengthy process.

Customer :

ok...

Customer :

is it not a crime to take my children without my permission to London, and hold them ransom to break my will

Customer :

would the UK government not hear my point of you before granting her a legal status in UK(where she is neither a national nor resident)

Customer :

in case i decide to file for custody of the chiildren both in UAE and Pakistan...how would the UK govt. entertain such requests

Customer :

as i said earlier she was able to get my visit visa to the UK cancelled...the UAE embassy in UAE have me a letter which stated "Under paragraph 30A(ii) of the immigration rules entry clearnce can be revoked if there has been a change of circumstances since the entry clearance was issued and this has removed the basis of the holders claim to be admitted to th UK.

Customer :

"you applied for and were issued entry clearnce as visitor valid 24/06/12 to 24/12/12 but i am staified that there has been a substantial change in circumstances since the entry clearance was issued (ie your wife andchildren have sought leave to remain in the UK) , i therefore revoke your entry clearance"

Customer :

this is the complete txt of the letter i recieved from UK embassy in abudhbai (UAE)

INC :

Hi, was this in relation to the revocation of a visitors visa?

Customer :

yes

INC :

I have to go into a meeting now. I will pick this up in an hour or so.

Customer :

hello

INC :

Hi

Customer :

so in ur opinion ...what are my options

INC :

Hi, as it stands, I would suggest that you apply for custody in the U.A.E as this is the place that you are ordinarily resident.

Customer :

i just want my kids to me near me...where i can support them .... see them on a weekly basis...

INC :

This is why you should seek custody through the UAE courts

Customer :

what if she is applying for asylum or something...would this not make her case stronger..

Customer :

legally she and the kids are still on my visa...

Customer :

iin uae

INC :

To apply for Asylum, she would need to show that there is a genuine fear of persecution or death in either the UAE of Pakistan.

INC :

Unless she can do this, and the evidence is satisfactory, any application that she makes will be refused,.

Customer :

they revoked my visa based on her word or whaever she has produced ...is it not pretty harsh

Customer :

she is asking me to give divorce...

Customer :

and also asking me to give in writing that i used to indulge in domestic violence and she will be willing to come back and talk to me

Customer :

she has lived in UAE which has zero crime almost

Customer :

domestic violence an absolute no go area

Customer :

no complaints against me

Customer :

etc

Customer :

good character certificate from police

Customer :

how will the authourities in uk treat this request

Customer :

anything more that u can suggest

Expert:  Clare replied 1 year ago.
Hi
How long have the children now been in the UK?
Claire
Customer: replied 1 year ago.

I came to know that my family are in london when I received the letter from Abu Dhabi British Embassy that my visa has revoked . I received the letter on 23rd Oct 2012.


 

Customer: replied 1 year ago.

I came to know that my family is in london when British Embassy Abu Dhabi called me and gave me the letter on 23rd oct 2012 stating that my visa has revoked

Expert:  Clare replied 1 year ago.
Hi
Where did you think they were prior to that?
Claire
Customer: replied 1 year ago.

she went to karachi -pakistan alongwith the daughters on 23rd aug 2012 from DUBAI

Expert:  Clare replied 1 year ago.
Hi
If you were not aware that she was bringing the children to the UK and did not give your consent to do so then you can apply to the Court fr an Order that she returns the Children to Pakistan or Dubai.
Sine neither country is a Hague Convention country there is no guarantee of success - but you ate entitled to make the application and can get help and assistance from the charity Reunite
www.reunite.org
Claire
Customer: replied 1 year ago.

She is building a case of domestic violence against me and that is the raeson she revoked by visa where as I am having clean records in Dubai.I can provide good conduct certificate from Dubai Police. She has not filed a single case of domestic violence in dubai since last ten years. She is making a false story and already got some kind of success. Pls advise in this scenerio

Expert:  Clare replied 1 year ago.
Hi
Your only option is to contact Reunite and deal with this issue on the basis that the children should be returned to Pakistan and that the matters should be dealt with there.
The longer you delay the application the less likely it is that it can succeed
Claire
Customer: replied 1 year ago.

you want me to contact a lawyer in dubai or Lawyer from REUNITE. I need your advise. Can she hold me girls in london without my permission?pls advise. How can I get help from you? pls advise

Expert:  Clare replied 1 year ago.
Hi
This is a question and answer site and I am afraid that we cannot represent you.
You are entitled to apply to the Court here in the UK for an Order that the Children are returned to Pakistan or Dubai since they were brought here without your agreement.
The Charity Reunite will be able to assist you in dealing with this and give names of suitable lawyers
Claire
Customer: replied 1 year ago.

Pls close my account. Pls dont debit any amount from my credit card. Pls acknowledge the receipt of this mail

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