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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My husband and I have been separated 2 years and

Resolved Question:

My husband and I have been separated for almost 2 years and he has decided he is divorcing me. I am in the UK (British Citizen) but my children are still in Botswana with their dad. We both agree the children need to be with me. What rights do I have in terms of getting my children visas to live with me in the UK?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
Thank you for your questionMy name is ***** ***** do my best to help you but I need some further information first.Ho wold are the children and who has their care at the momentCan you afford to pay for private education for the children
Customer: replied 1 year ago.
The children are 12 and 9 respectively and no I cannot afford to pay for private education. We were leaving Africa because we were struggling to pay for private education there as it is astronomical and I was not allowed to work there.The children are with their dad at the moment...he is battling to care for them on his own especially as his employment involves a lot of travelling and he has to rely on friends to constantly care for them in his absence.
Customer: replied 1 year ago.
I was not born in the UK but am a British citizen. I feel that I would be able to sustain a much better lifestyle for the children in the uk.
Customer: replied 1 year ago.
Could they get asylum here? I have been apart from them for this whole time and it is killing me but I can't go back...without being married to my husband who has the permit I cannot stay or work there.
Customer: replied 1 year ago.
I have just spent 2 weeks with them on a holiday I took to go back. It had made it harder to cope seeing how they want to come with me but can't. They are struggling to cope without their mom and I feel like I am breaking them!
Expert:  Clare replied 1 year ago.
For clarity - you have lived apart form them for the last two years?
Customer: replied 1 year ago.
Yes
Expert:  Clare replied 1 year ago.
Where is your country of birth?
Customer: replied 1 year ago.
Zimbabwe
Expert:  Clare replied 1 year ago.
Is your husband actually not willing to keep them with him?
Customer: replied 1 year ago.
It is not that he is not willing. We have agreed that they will be better off and have more opportunity and stability with me in the uk. His work involves a lot of travelling and this is disruptive for them. Also, life in Botswana is really tough financially and from an educational perspective which was the main reason for choosing to leave and start somewhere else.The problem was that we did not realise the difficulty and time span involved in me setting up a home before they came over - and also, it has come to light that even though I am British I don't have the same rights as someone who is born here!I am of the opinion that it is my right as a mother to have my children here and just because they are not British should not mean they are not allowed to come and join me - especially now that we are getting divorced and it is an amicable agreement for me to have full custody.
Expert:  Clare replied 1 year ago.
You are correct you do have the right to a family life, but unfortunately unless you can financially support them independent of the state that is no a reason to bring them to the UK.If your husband had died then that would be different as they would have no one to care for them in their home country, but as things stand he is and has been looking after them and that means they are not automatically entitled to join you.HOWEVER if you could get work in another EEC country the children could join you there as family members with full rights - and then after six months you can all move to the UK and the children are entitled to EEA family permits here as wellPlease ask if you need further details
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Ok thanks so I lose no matter what. Thanks for the advice.
Expert:  Clare replied 1 year ago.
Not if you move to another country for six months - then you can bring them back here no problems
Customer: replied 1 year ago.
In an ideal world where money is not a problem I would agree but I came here with nothing and have managed to get a job...not a great salary but I can manage. I have just moved into a property which I am renting and the failed application I did in January took up all I had saved over the past 18 months! This is not an option for me at all as I don't have the funds.
Expert:  Clare replied 1 year ago.
I am so very sorry
Customer: replied 1 year ago.
Well, thanks anyway. I appreciate the time you have given me.