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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7620
Experience:  UK Lawyer holding practising certficate for England & Wales.
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The mother of my 2 year old daughter is a Russian national. She

Resolved Question:

The mother of my 2 year old daughter is a Russian national.
She is in the UK on a work visa which is dependant on her having a job, and has to leave if the employment ends.
She works for an international bank and was transferred here from Netherlands 4 years ago. Prior to this she was resident in the Netherlands for 4 years, so 8 years continuous residency in the EU.
She has now been made redundant and has to leave the UK in 2 months.
My daughter has a UK passport and was born in the UK.
I have parental responsibility being named on her birth certificate.
My question is will the mother have to leave the UK ?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
Who has residence of the child and who has contact with the child?
Kind regards,
Tom
Customer: replied 2 years ago.

We have recently separated 8 weeks, I am in the process of obtaining a 50/50 residency arrangement, and preventative steps order to have her surrender my daughters passport due to her taking her out of the country without permission. At the present time my daughter is resident with my ex partner.

Expert:  Thomas replied 2 years ago.
Hi
Thanks for your patience.
If you end up getting a shared residency order made by the court, then she can use this to apply for a "parent with rights of acccess" visa.
Provided that she can show that she can support herself without the need to access public funds, then this visa is a strong possibility for her. However, she would have to apply for this within the grace period afforded to her once the employer has informed the home office of her redundancy.
She would probably need a solicitor to apply for this visa on her behalf, but if the order is in place and she applies then she stands a good chance of getting the visa
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 2 years ago.

Thank you, this might be a question for another specialist but if my ex partner decides to leave, or has to leave the UK can I prevent her taking my daughter if I have the 50/50 residency order.

Expert:  Thomas replied 2 years ago.
Hi,
You would need to speak to a family lawyer about that, so if you have instructed one to deal with shared residency then I would refer this to them.
However if you have shared residency (or perhaps even not) then you should be able to prevent this, yes.
Tom
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