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Thomas
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7620
Experience:  UK solicitor
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there I am trying to find out information regarding divorce

Resolved Question:

Hi there
I am trying to find out information regarding divorce of my filipino wife. She is here on a spouse visa which was given to her in August 2013. We have a child together. Our daughter is a british citizen. Do you know what the financial requirement will be for my wife to live here in the UK assuming she can live here divorced from me with right of access to our daughter? Also is it possible to get a visa on the basis of having a child in the UK even though we have only been married since 2013?
Thanks
JM
Submitted: 2 years ago.
Category: Family Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
Has your wife obtained a contact or residence order in respect of the child, or does she plan to do so?
What nationality are you please?
Kind regards,
Tom
Customer: replied 2 years ago.
Hi Tom
My wife has not obtained a contact order or residents order yet. She does plan to do so. I am british, she is filipino.
Thanks
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
If she obtains a contact/residence order for the child then she will almost certainly apply for a visa on this basis.
The financial requirement is not the same as for a spouse visa. It’s much less restrictive and is that she must be able to support and accommodate herself without claiming public funds. There is no specific threshold for this which she must meet, but rather she must be able to show using budgets and evidence of income that she will be able to pay for day to day accommodation and living costs in the area where she will live.
Provided that she can do this and show that she will not claim any public funds on her own behalf (she can claim benefits that relate solely to the child), then she will meet the financial criteria and could apply for the visa.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
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