UK Immigration Law

Have UK Immigration Law Questions? Get Answers Now.

Ask an Expert,
Get an Answer ASAP!

UK Immigration Law
This answer was rated:

I am British, married to an Indian national with a spouse visa

which expires end of this...
I am British, married to an Indian national with a spouse visa which expires end of this year. We have one baby. The marriage appears to be failing. Will my husband still be able to remain in the uk despite me not confirming his application. Will he have strong grounds to make a human rights application to remain on the basis that he wants to see his child in the uk?
Show More
Show Less
Ask Your Own UK Immigration Law Question
Answered in 3 minutes by:
5/4/2012
Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7,630
Experience: BA (Hons), PgDip, Practising Solicitor
Verified
Hi
Thanks for your question.

To enable me to answer your question could you please respond to the following:-
1. Who will have residence of the child in the future
2. Will he wish to be involved in the child’s welfare
3. How old is the chlid
Kind regards.

Tom
Ask Your Own UK Immigration Law Question
Customer reply replied 5 years ago
I will have residence of the child. I own my own property which is in my sole name. He states he wants to be involved with the child but I believe this is only to bring a case for him to remain in the uk. He does not generally have a general interest in e child's welfare. The child is one years old.
Last week he left the marital home after making up an excuse that he cannot live with me anymore. He stayed somewhere else and had no communication or contact whatsoever for 10 days despite me trying to get hold of him. He only came home yesterday after he was informed that it looks like he doesn't intend to continue with the marriage anymore. I am not not sure whether be only married me and had a child for the sole reason of getting a visa and having the child as a backup in case the marriage didn't work out. He also told me he got legal advice that even if I don't confirm the spouse application at the end of the term (4months) then he may make a human rights application and stay in the uk anyway under human rights in any case. I want to know whether this is something he can do and what criteria/ evidence he needs to prove this.
Thanks for your help.


Hi

Thanks for your question.

If a spouse is here on a spouse visa and their marriage breaks down then when the UKBA are informed in writing of this by either spouse they will curtail the spouse visa. At this point the leave to remain will be terminated and they will cease to have leave to remain and be illegally in the UK.

If the UK spouses does not support the application for ILR then the spouse cannot obtain ILR.

However, the situation is more complicated where there is a UK child of the marriage. In these circumstances it is very difficult for the UKBA to remove the spouse by successful removal directions (ie. deportation). In order to do so the spouse must effectively state that they do not wish to have any influence in the child’s upbringing. They can be proven to not be interested in the child but it is very very difficult because the burden of proof is so high.

Ultimately if the spouse says that they are to be involved in the child’s upbringing and either the UK spouse agrees or the non-uk spouse applies for a contact order (or residence order) under the Children’s Act then the UKBA will most likely have to grant the spouse further leave to remain.

They would have to prove their parentage obviously and make a detailed statement about their involvement with the child’s upbringing to date as well as providing a full plan of how they intend to support themselves and the extent of their involvement with the child in the future, but this is not a particularly high burden of proof. The burden of proof for proving that they have not and will not be involved with the child is much, much higher for example.

This is usually for a period of time which would take their total amount of time in the UK up to 5 years so that they can then apply for ILR once they have reached the 5 year period.

This is all based on the Human Right Article 8 Right to a family and private life, which can override most other considerations provided the right is genuine I’m afraid.


If the non-UK spouse does not make this argument, because they are unaware of it or because they do not instruct a solicitor then they will be removed from the UK because there would effectively be no argument made against the removal directions.

It’s an awful situation and you have my sympathies, but I think it’s better that you know they above (irrespective of how unpalatable it might be to read) so that you can prepare yourself for what might happen.

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. You will not be charged any further money for clicking accept.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Ask Your Own UK Immigration Law Question
Customer reply replied 5 years ago
Hi, thanks for your response. Just have another query before I accept your answer.

Would I be able to use any text message material or voice recordings as evidence if it did come to that situation? During his period of no communication, my daughter was very ill and I needed to take her to a&e and I informed him but he didn't want to come to see her even then. Can this be used as evidence?

Also, if he did pursue to obtain a contact order, how long could this take and whilst this is pending, could the ukba theoretically allow him temporary leave pending the outcome of the contact order?

Many thanks again for your time.
Hi,

The text message evidence would be useful but far from conclusive I'm afraid. To effectively exclude someone from their child's life on the basis of evidence usually consists of a long chronology of behaviour backed up by extensive documentary evidence which means that the only conclusion that can be drawn is that they have no wish to be a part of the child's life.

He could claim he did not receive them, or that he was suffering personal problems and was "not himself" for example.

Children's act proceedings can take a very long time if you dispute them. If disputed at least three month and in some cases a year or more because contact is ordered. The UKBA would either grant temporary leave or simply choose not to issue removal directions.

Trust this clarifies, please click accept.

Kind regards,

Tom
Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7,630
Experience: BA (Hons), PgDip, Practising Solicitor
Verified
Thomas and 87 other UK Immigration Law Specialists are ready to help you
Ask your own question now
Ask Thomas Your Own Question
Thomas
Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7,630
7,630 Satisfied Customers
Experience: BA (Hons), PgDip, Practising Solicitor

Thomas is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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!

RickLeeds, 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. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

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!!!!

AlexLos 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.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Thomas

Thomas

Solicitor

7,630 satisfied customers

BA (Hons), PgDip, Practising Solicitor

UK_Lawyer

UK_Lawyer

Solicitor

1,177 satisfied customers

I am a qualified solicitor and an expert in UK law.

INC

INC

Solicitor-Advocate

821 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Clare

Clare

Solicitor

253 satisfied customers

25 years hight street experience

A Hayat

A Hayat

Immigration Solicitor

205 satisfied customers

13 years specialist skill in UK Immigration & Nationality Law

Paul Richmond

Paul Richmond

Barrister

114 satisfied customers

LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)

Awan-Legal

Awan-Legal

Solicitor

95 satisfied customers

Specialist in immigration law with the highest level of accreditation in this area and with many years experience.

< Previous | Next >

Related UK Immigration Law Questions
I am a UK citizen and i am married to a US citizen. We live
I am a UK citizen and i am married to a US citizen. We live in the US at the moment however would like to move back to UK. Can a Third Party sponser my Husband i.e my parents. … read more
Thomas
Thomas
Solicitor
7,630 satisfied customers
I'm looking to understand which type of Leave to Remain form
I'm looking to understand which type of Leave to Remain form I need to file to stay with my spouse in the UK … read more
frantzgregory
frantzgregory
669 satisfied customers
My husband is canadian and i have a british citizenship my
hi, my husband is canadian and i have a british citizenship my older daughter is born in the UK and has a british citizenship too … read more
frantzgregory
frantzgregory
669 satisfied customers
I am now in receipt of ESA but cannot get PIP until I have
I am now in receipt of ESA but cannot get PIP until I have been here a year. Can I now apply for spousal visa for my husband.… read more
frantzgregory
frantzgregory
669 satisfied customers
I recently discovered that what I thought was my age is in
I recently discovered that what I thought was my age is in fact wrong and I have an original birth certificate to prove it. How should I deal with this as I want my legal documents to be updated with … read more
frantzgregory
frantzgregory
669 satisfied customers
Do cayman immigration stamp a work permit on a cayman
Do cayman immigration stamp a work permit on a cayman passport … read more
frantzgregory
frantzgregory
669 satisfied customers
I wanted to know something related to maternity leave and
I wanted to know something related to maternity leave and visa expiry … read more
frantzgregory
frantzgregory
669 satisfied customers
Hi, I want to move to from Denmark to UK 1.3.2010. Reason
Hi, I want to move to from Denmark to UK 1.3.2010. Reason to work for the company in the UK. I will be working for and paid in DKK by a danish subsidary of an UK based company. I looks as if the 'resi… read more
Sam
Sam
Tax Consultant
Higher Officer HMRC
7,407 satisfied customers
I have been in the country for 15 years and I don't have any
I have been in the country for 15 years and I don't have any family can I legalise my status please update thanks… read more
Buachaill
Buachaill
Barrister
Master\u0027s Degree
2,846 satisfied customers
I found my lost passport wherein it contains my indefinite
i found my lost passport wherein it contains my indefinite leave to remain - is this still valid upon entry to UK with my new passport? … read more
frantzgregory
frantzgregory
669 satisfied customers
I need an authorized lawyer to look over the forms I have
I need an authorized lawyer to look over the forms I have filled out for my daugter in order for her to receive a British Passport. She was born in Israel to me (British born) but residing in Israel. … read more
MR-FA
MR-FA
Solicitor
LLM
24 satisfied customers
What is meant by - paragraph R-LTRP.1.1 of the immigration
What is meant by - paragraph R-LTRP.1.1 of the immigration rules … read more
INC
INC
Solicitor-Advocate
Master's Degree
821 satisfied customers
I live in the USA. I wanted to know can my aunt sponsor me
Hello I live in the USA. I wanted to know can my aunt sponsor me from the USA to the UK ? is this possible … read more
frantzgregory
frantzgregory
669 satisfied customers
My grandma lost her passport with indefinite stamp in India.
Hi, my grandma lost her passport with indefinite stamp in India. She hasn't got copies of the passport or stamp. She's got her valid passport but lost the one she had her indefinite stamp on. What can… read more
frantzgregory
frantzgregory
669 satisfied customers
I want my russian girlfriend to come to uk uk wont give her
I want my russian girlfriend to come to uk uk wont give her visa because not enough savings so looking at getting married, we've been in contact since September this year … read more
Buachaill
Buachaill
Barrister
Master\u0027s Degree
2,846 satisfied customers
Hellooo. My fiancé is an asylum seeker in the UK and we want
My fiancé is an asylum seeker in the UK and we want to get married. Please how do we do this? … read more
frantzgregory
frantzgregory
669 satisfied customers
Can I get a graduate job with Indian degree if I am on
Can I get a graduate job with Indian degree if I am on spouse visa in UK? Is Indian degree accepted in UK as fresher? Can I get a job in UK with a pgdiploma / pgcertificate in engineering obtained fro… read more
INC
INC
Solicitor-Advocate
Master's Degree
821 satisfied customers
I am a U.K. Resident if I marry a Muslim girl in Kenya how
I am a U.K. Resident if I marry a Muslim girl in Kenya how do I take her to the uk as my wife legally … read more
Clare
Clare
Solicitor
Bachelor's Degree
253 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x