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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7626
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Hello I have a friend who is a Thai citizen resident in the

Customer Question

Hello
I have a friend who is a Thai citizen resident in the UK, with a British husband and a British daughter.
She holds a Thai passport but her 2 year visa has lapsed and her husband won't help her obtain a new one.
She is very afraid of being deported back to Thailand and separated from her daughter.
Please can you advise on her best course of action.
Regards
Neil
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi
Thanks for your question. Who will have residence of the daughter and who will have contact if they separate?
Kind regards.
Tom
Customer: replied 3 years ago.

Hi

I'm guessing the daughter would remain in the UK with her father if her mother gets deported.

They are not planning on divorce or separation.

Regards

Expert:  Thomas replied 3 years ago.
Hi Neil
Thanks for your patience.
If it is the case that has visa has expired but she is a not particularly great position. She will have to make an application to switch to another visa. If the relationship has broken down with her husband.
It seems that she will have to separate from him and ultimately make an application based on contact with a child. If one parent has residence of the child and another parent has contact with child at the child is based in the uk then this is the most common route for spouses in these circumstances.
However, in order to get a visa on this basis that would have to be a children's act contact order in place ordering one parent to have contact in the uk with the child in order to prove that he is entitled to a visa on this basis.
My advice would be for her to go and have a consultation with the family and immigration solicitor as soon as possible with pewter coming up with a strategy which will allow her to separate from husband, apply to court for contact order or residence order and then to make an immigration application for a visa on the basis of a child being in the united kingdom.
Kind regards.
Tom
Customer: replied 3 years ago.

hi

although her husband is a bit of a twit she is not planning on leaving him or a divorce

she wants the best way to obtain a visa so they can remain a family.

Expert:  Thomas replied 3 years ago.
Hi,
If separation is not an option then the ball is firmly in the husband's court and he holds the power.
Simply, she would normally apply for an extension or Indefinite leave to remain but she would need the husband to support the application as any normal husband would.
This means that she has to consider how best to attempt to compel the husband to support the application. She may consider advising him that she could be deported if he does not support the application to see if this changes his mind.
If he does not support the application then she is stuck in the current limbo status until he does or until she separates and makes an applicaiton based on the child.
Kind regards
Tom
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you

Customer: replied 3 years ago.

Sorry last thing


What do you mean by Pewter


Regards

Expert:  Thomas replied 3 years ago.
Hi,

Sorry, I'm not sure what your asking in your most recent post?

Tom