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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I entered the Uk on a spouse visa in 2012 and my marriage

Customer Question

I entered the Uk on a spouse visa in 2012 and my marriage has broken down due to domestic violence which my wife reported I have 3 months till renewal.

Police have investigated the allegation and decided to charge me for three counts of assault by beating, I'm due to appear at magistrate court next month.

from our marriage we have a I year old baby

Police have commented that they will notify home office of my pending criminal conviction.

If I'm convicted will I be removed from this country?

What are the chances of my FLR(o) application succeeding?.

Will it be a negative impact if I make the application for FLR(o) before the pending conviction or after it?
Submitted: 3 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

I am afraid if your marriage has broken down, I do not see you being successful in applying for further leave to remain in the UK and this is compounded by the fact that you have been arrested and charged with domestic violence.

You may be removed from the UK if your visa expires and you are still here and no extension is granted.

The Home Office will be able to see police records of your arrests and even if you do not declare them, they will know about them.

I am sorry but I can only advise you truthfully.

Hope this helps
UKSolicitorJA and other Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

 


ok, I want to stay in the country to see my child grow up i want to be part of their life, will that be chance for the application to succeed on that basis

Expert:  UKSolicitorJA replied 3 years ago.
I will have to opt out as you have not rated my answer I am afraid.
Customer: replied 3 years ago.

sorry ive rated it now

Expert:  UKSolicitorJA replied 3 years ago.
Thank you.

You may apply for a derivative residence card if you are the primary carer of your child and by making you leave the UK, your child would also be forced to leave the UK.

However, this application would be under EEA regulations and under EEA regulations, you may still be refused residency in the UK if your presence is not deemed to be good to the public or you pose a security threat.

See here: https://www.gov.uk/derivative-right-residence/overview

Hope this helps