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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I am widowed with 3 children by my wife and after sometime

Customer Question

I am widowed with 3 children by my wife and after sometime took another partner but have recently found out my partner is an illegal immigrant she came here on 6months tourist visa and overstayed. We are not legally married as at the time she said her passport was with the home office for permanent visa application so we could not book a registration wedding, this was also a lie she said her passport with UK visa came back from home office but and then the passport was stolen yet there is nothing stolen from my house or sign of forced entry this was all a lie, I have a 8 month old child by her but I want nothing more to do with this woman, my 3 children and I have no trust in her what can I do?
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi

Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • 1. I understand your situation, but what specifically are you asking? Are you asking about whether you can take particular action?
  • 2. What is your position with respect to the child? Eg. Residence and contact

Kind regards.

Tom

Customer: replied 3 years ago.
(1)
I do not want her in our house the way i see it she does not even have right of abode in the country i am prepared to let her take the child and i will pay cost towards it even if she is deported to india but my gut feeling is she has destroyed her indian passport, the action i me and my 3 childred want is not to have this dishonest woman in the house nothing more to do with her. She was sponsered by her sister to come to UK on tourist visa. they knew some crafty person who manged to get them a NHS medical card and was going to get them a backhander visa from the home office but is on the run

(2)
the child was born in the uk ,
Customer: replied 3 years ago.
I will be leaving for work at 13:20 if I dont get an awser by then will you reply by email with advise or do you need me on line tommorow morning and if so what time?
Expert:  Thomas replied 3 years ago.

Hi,

 

Thanks for your question.

 

If she does not have leave to remain then you can inform the UKBA of her, giving her details of how she came her citing the fact that she is an overstayer and asking them to consider deportation. You can contact them through the details on the following link:-

http://www.ukba.homeoffice.gov.uk/contact/report-crime/

 

If they find that she is illegal and detain her then she will probably receive a 10 year ban if she is deported at the cost of the state. Her identity can be traced by the perons at the UKBA dealing with deportation issues.

 

The child is eligible to be registered as a UK citizen if you are a UK national. This creates problems in that she could register the child as such and then potentially seek to secure leave to remain on human rights grounds by virtue of the child's UK citizenship. This is not easy however and she would certainly need to pay a solicitor to make the application on her behalf.

 

If she secures leave to remain here then she could seek child support from you at the rate of 15% of your net weekly income.

 

If you attempt to serve reasonable notice on her to vacate your property (ie. Because she has been there under licence effectively) and she leaves then fine. If she does not you would need a court order to evict her and that will not be easy to obtain because the primary concern of the court will be the welfare of the child because you are the father.

 

Basically, you have to contact the UKBA if you want her deported. You will need to give them as much detail as you possibly can.

 

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.

 

I will answer your follow up questions you may have.


Kind regards,


Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6655
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Law Specialists are ready to help you
Customer: replied 3 years ago.

She left the house with my 1 year old son a few days ago I have no idea where they are i am only concerned with my son, she complained about me to the social service who I belie called the police they arrested me but then there was no case to answer so I was released, i told them our argument was based mainly on her legal status. They said they would look into it. I don’t want her back but if I win custody of my son will she be deported?

And can I apply for custody of my son?

And if i have custody of my son will I have to pay her anything given the fact I’m not legally married?

Expert:  Thomas replied 3 years ago.

Hi,

 

There has been a recent development whereby a non-eea national can secyre leave to remain on the basis of having a UK citizen child, so she could secure leave to remain in any event if she took legal advice,

 

Custody is now referred to as Residence. If you having residence of the child is disputed by you wife you can apply for a residence order from Court.

 

If she obtains residence then you wil have to pay her child support.


Kind regards,


Tom

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