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INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11847
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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Good Afternoon, I hope you can help me... I have been

Resolved Question:

Good Afternoon,

I hope you can help me...

I have been married for two years to a Ukrainian woman and our marriage has broken down. She has gone back to the Ukraine and I believe she is going to try to gain access into the United Kingdom using the visa she has with me as her sponsor. As I said our marriage has broken down and I no longer want to be her sponsor, I have sent an email to the Border control explaining the situation and asking them to cancel her visa, as if she comes back she will not be living with me. The marriage break down was caused by me finding information on my laptop where she had been visiting sites asking questions like what benefits could she get whilst in the uk if we weren't together, can she get a visa off of the back of my daughter passport who is 1 year old who has a british passort....without me and many more. My questions are can she do this with my daughter being british?? Does she need a solicitor or can she do it off her own back?? As I have said I want to stop my visa as I want a divorce?? Have I done enough with sending the email to the border control as they asked me?? I don't own anything I rent my house all I owe is a bed...sofa and T.V and I have no savings..which I am happy to sell them and half money?? She seems to think whether she is just being agressive with me, maybe showing her true colours that she will get me in big trouble?? When I have done nothing wrong at all? I am happy to look after my daughter and pay for my daughter, but I would want to get dna testing to be I do not trust her. Can you help direct me in where I stand Thankyou for your help in advance XXXXX XXXXX
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  INC replied 5 years ago.


Thanks for your question.

If I have provided you with an answer, kindly click ACCEPT.


If you and your partner have a daughter who is a UK National, your partner will be able to apply for a Visa under the Access to a Child Rules. She will not require a Solicitor for the application although it is advised.


It seems you have done all you can at this stage by informing the UKBA. The rest is up to them to cancel/curtail her Visa.



Kind regards,





INC and other UK Immigration Law Specialists are ready to help you
Customer: replied 5 years ago.


So will they cancel her visa will that stop her coming here?? Or what do they usually do in circumstances like this??

Expert:  INC replied 5 years ago.



Generally, they would cancel her Spouse Visa, however, as she is the parent of a UK National child, she would be entitled to apply under a different category.



Kind regards,


Customer: replied 5 years ago.


OK yes but..surely if the visa is cancelled by her sponsor, she will not be allowed access in the UK. And would have to apply from the Ukraine??


I understand she may apply off her my daughter passport, but this does not guarntee her a full remain to stay?? it is 50/50?? Do they look at the fact she has no job no they would have to pay to look after her?? I understand I would have to pay maintainence for my daughter....But i need to get an understanding of why she feels she will ruin me?? I dont have anything

Expert:  INC replied 5 years ago.



Yes, that is correct. She will not be allowed to enter the UK if her visa has been cancelled.


I cannot see how she will ruin you.


With regard to her application, therte is no guarantee that this will be acceopted, although she is eligible to make an application.



Kind regards,

Customer: replied 5 years ago.


OK...Three final questions..


1. Can she then apply for a visa remain to stay whilst she is in Ukraine??


2. Will my daughter be granted an extra stay in the Ukraine as she will go over her 90 days??


3. What should I do next?? Do you think I should wait for her to make a move or do I contact a solicitor and start the ball rolling??

Customer: replied 5 years ago.
Hi ?? I am still waiting for a response??
Expert:  INC replied 5 years ago.

Sorry, but I was off-line for a while.

In response to your questions :

1. Yes.
2. This is a matter for the Ukranian authorities.
3. If you wish to file for divorce, I would suggest that you see a local solicitor and get the ball rolling.

I hope this answers your question. If so, kindly click ACCEPT.

Kind regards,