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UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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My wife and I were married in Thailand and she has been living

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My wife and I were married in Thailand and she has been living in the UK for 18 months on a spouse visa which is due to run out shortly. When she came to the UK she was pregnant with our baby son who was born in the UK and holds a british passport, we have ben arguing for some time and have now reached the point where we want to divorce. However she says she wants to take our son back to Thailand and I want him to stay but her to go. In her visa it states no recourse to public funds but she says she wants to take me to court and she is entiltled to half the house etc even though she has not worked or paid any money towards the mortgage, bills etc.
Is she entitled to a legal aid solicitor, half the house and would she be deported when the visa runs out ?

Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.


1. No she is not entitled to legal aid as she is not settled in the UK, she must have had indefinite leave to remain if she wishes to access public funds.


2. House will depend on whether it formed part of the marital assets etc which will be determined by the courts if you chose to process your divorce in the UK.


3. If you inform the UKBA that your marriage is no longer subsisting then the UKBA will curtail her visa and she would not have any permission to remain in the UK and will be asked to leave the UK.


I hope this answers your question, if so kindly rate my answer positively.


Kind regards,

UK_Lawyer and other UK Immigration Law Specialists are ready to help you

Just in addition.


Your wife may wish to submit an application regarding remain in the UK on the basis that she has access to the child, but that application would be up to her to make should she wish to do so. If she does not and her visa is curtailed she will need to leave the UK,