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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
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i am the mother of 2 children, born in the uk, and they have

Resolved Question:

i am the mother of 2 children, born in the uk, and they have recently applied and received their british passports, i am on a 2 year spouse visa. however, i am looking to file for divorce.my visa runs out in june 2016, and i have been married to him for 8 years and 5 months. i want to find out if i am able to apply for ILR on my kid's passports, as i had heard i could once my daugther is 7. she turns 7 in november

Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
If it is the case that you do not have any evidence of domestic abuse from your husband then it makes it much less likely that you will be able to apply for ILR on the basis of domestic abuse.
In the alternative if your children are UK citizens and you divorce then you will have to work out who is going to have residence (custody) of the children and who is going to have contact with them (ie. access).
If you do this and you apply for a court ordering one has contact and the other has residence the you should be able to apply for a visa on the basis that you are parent with access rights to a child in the UK. See “Coming to look after a child” on the following link:
https://www.gov.uk/join-family-in-uk/eligibility
Provided you can do this and also show that you can support/accommodate yourself without needing the access public funds then you should be okay.
I would suggest that you consult with a family/divorce lawyer before making any drastic moves so that you can plan how you will apply for the order with them and then submit your leave to remain application
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.

I have booked an appointment for next week to speak with a fmily lawyer, in order to ascertain what i can or can not do in regards ***** ***** a divorce. I understand the need to plan carefully and have all information before i make a move. I intend for the children to live with me, as my spouse works out of town, and to be honest will be unable to look after the kids successfully, if solely with him. i would not have a problem with him having access to them or sharing custody.

if all that is checked and goes through, then there shouldn't be a problem, i assume.

i had even intended to apply for ilr based on my older daugther's, even if i were still married to him (reason being that he often makes me beg and cry before he does things for me) as i had been advised i could, but i just want to be sure that there is provision for that under immigration law and not just hearsay.

Expert:  Thomas replied 2 years ago.
Hi,
If you get residence by order for the court for the children then you should be well placed to apply for a visa on the basis of the children.
Yes, if you did suffer domestic violence and were able to prove this then you could apply for ILR on this basis even if you were still married to him, though if you had commenced divorce proceedings when you applied then this would add further credibility to your claims of domestic violence.
Kind regards,
Tom
Customer: replied 2 years ago.

thank you Tom,

i have read through the link you sent and it seems to indicate i would need to have sole responsibilty for the child(ren). does that imply sole custody, and does that mean i would also need to show that their father is not responsible for them financially.

kay

Expert:  Thomas replied 2 years ago.
Kay,
No, you will see that the link also says "your child lives permanently with another parent or carer who’s British or settled in the UK and not your partner, and you want to help raise them".
This means that if you only have access rights to the child then you can apply on this basis.
Tom
Customer: replied 2 years ago.

thank you kindly

Expert:  Thomas replied 2 years ago.
You're welcome.
Tom
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