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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7609
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am a South African citizen and i have been teaching in the

Customer Question

I am a South African citizen and i have been teaching in the Uk for 10yrs.I have ilr, my two children were born here, one child is a British citizen, unfortunately my marriage broke down whilst I was on maternity leave and holidaying in south africa. Through having so called friends who knew attorneys and judges, I was divorced in 4 weeks from application for divorce. My exhusband remained out of the Uk for more than two years, he has lost his ilr. He recently tried to apply for a visitors visa last xmas n was denied with no right to appeal. He was denied on the grounds that he had not produced adequate evidence that he owned property in the Uk. I think this goes against his and the childrens basic human rights, can you advise me on how I cah get help t8 bring him back home, I 4hink if were given time to receive hel9 we could have worked out issues out.
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi

What nationality is your husband please?

Does he only wish to come to the united kingdom for a visit?

Where are your children and where will the children be resident in the future Ideally?

Tom
Customer: replied 3 years ago.

He is a south African citizen who has lived here in the UK for 7 years. We were married in South Africa, I sponsored him as my dependent when we first entered the UK. The children both live with me here in the UK, he would like to return to work here and try to give the children a family life, we both currently share a property here in West Sussex. He regrets losing his ilr n wishes to return. The children will be resident here in the UK.

Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your patience.

It's a difficult situation.

If he has been out of the UK for more than 2 years then he would not automatically qualify for a returning residents visa:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/settlement/returning-residents/

You could attempt to apply arguing that because of his strong family ties to the UK he should be allowed leave to remain by the UKBA exercising their discretion.

The other alternative is for him to possibly apply a a Parent With A Right of Access to a child based in the UK:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/parents/

This might be the better way forward. In order for him to be eligible you would have to show that he has a right of access to the child, which means that you would probably have to have a contact order or agreement.

In either case, because the application and situation generally is so complicated you would really have to instruct a solicitor based in the UK to assist in drafting the application and putting in place all the documentary evidence in support of the applcation proving that he meets the criteria.


Kind regards


Tom

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