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Thomas
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7617
Experience:  UK solicitor
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My son aged 11 and myself are living in the UK on a family

Resolved Question:

good day,
My son aged 11 and myself are living in the UK on a family Spousal visa, My husband is British. I have recently found out that my husband has been having an extra marital affair. I would like to know where I stand legally. I know that our visas will become null and void should he begin divorce proceedings, however, I would like to know if he has the "power" to send me back to my country of origin and keep my son in the UK, he has threatened that he will try and keep him here and send only me home, on the grounds that my son is now settling in well and is at school here etc. My husband has never had a very close bond with our son, but recently it seems as though he is trying extra hard to develop that relationship. He is very vindictive and he seems to think that he is in absolute control of our lives because he is the British citizen. I have 2 brothers that live here in Wales, they are both on Indefinite Leave to Remain visas, and have both been in the country for longer than 10 years, would they be able to sponsor me?
Worst case scenario, if I do have to leave, what are implications of taking my son out of the country? do I need his permission?
Submitted: 1 year ago.
Category: Family Law
Expert:  Thomas replied 1 year ago.

Hi,

When did you enter on your spouse visa please?

When does your current visa expire?

Tom

Customer: replied 1 year ago.
Hi,
My husband came back to live in the Uk in January 2014. My son and I followed in September 2014, initally on a family visit visa, but we left in February 2015 and returned on the 6th April 2015 on the spousal visa. Our current visa expires December 2017
Expert:  Thomas replied 1 year ago.

Thanks. Drafting your answer now. 5 mins please.

Expert:  Thomas replied 1 year ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

If your husband were to inform the home office that your relationship had broken down so that you were no longer in a loving married relationship, then the home office would most likely curtail your visa and write to you to advise that you must either leave the UK or apply for another visa.

You cannot unilaterally take your son to another country to live. In order to achieve this you would have to obtain a residence order for the child from court and an order permitted the child to be taken to another country to live. Obviously, your husband would be free to defend your application to court for these orders.

Ultimately, if your child were to remain in the UK whether with (1) you having residence and your husband having contact with him or (2) your husband have residence and you have contact with the child then you would most likely be able to obtain a visa based on your relationship with the child.

However, an application on this basis is not straightforward. You would need a solicitor to act for you and draft the application /supporting evidence.

Take things one step at a time. Seek to have consultations now with a family solicitor and an immigration solicitor, preferably at the same firm. This means that you would probably have to instruct a medium size firm. You can find solicitors near you using the following site:

http://solicitors.lawsociety.org.uk/

Once you have had consultations then you will have someone that you can contact immediately if there are immediate developments so you will be well placed to act quickly and decisively in your best interests.

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

Customer: replied 1 year ago.
Thank you Tom,
are you able to answer if my brothers could sponsor me? this would just take the pressure off and I would not feel so much under his power.
Also, on my son's passport, it states, not valid unless travelling with mother, so would I then need my husband's permission to take him out of the country, even if my son is not a British citizen, but falls under my spousal visa
Expert:  Thomas replied 1 year ago.

Hi,

Sorry, I forgot to state. Your brothers would not be able to sponsor you I'm afraid.

This is because you are not regarded as "family" members for the purpose of the family visa rules.

Yes, I'm afraid that you would still need permission from court to take your child out of the country unless both you and your husband were travelling together.

Please remember to rate my answer positively.

Tom

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