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Waleed Hassan
Waleed Hassan, Immigration Solicitor
Category: Immigration Law
Satisfied Customers: 66
Experience:  I have extensive knowledge in Immigration, Nationality and Asylum law and have had conducted in lead cases.
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If married couples gets divorced, considering that the

Resolved Question:

if married couples gets divorced, considering that the spouse's immigration status is Spouse/Partner leave to remain, what would be the immigration status of this spouse if the couples have kids who are not upto age 7 but have British citizenship.
Submitted: 7 months ago.
Category: Immigration Law
Expert:  Waleed Hassan replied 7 months ago.

Hi, thank you for your query.

You have not stated with whom the children will remain with, but I will put down the relevant rule below

If the children are remaining with parent who has spouse visa then the requirement is:

E-LTRPT.2.3. Either-

  1. (a) the applicant must have sole parental responsibility for the child or the child normally lives with the applicant and not their other parent (who is a British Citizen or settled in the UK);or
  2. (b) the parent or carer with whom the child normally lives must be-
    1. (i) a British Citizen in the UK or settled in the UK;
    2. (ii) not the partner of the applicant (which here includes a person who has been in a relationship with the applicant for less than two years prior to the date of application); and
    3. (iii) the applicant must not be eligible to apply for leave to remain as a partner under this Appendix.

If the spouse with the spouse visa does not have the children living with them but has contact with the children, the rule to be satisfied is below:

E-LTRPT.2.4.

  1. (a) The applicant must provide evidence that they have either-
    1. (i) sole parental responsibility for the child, or that the child normally lives with them; or
    2. (ii) direct access (in person) to the child, as agreed with the parent or carer with whom the child normally lives or as ordered by a court in the UK; and
  2. (b) The applicant must provide evidence that they are taking, and intend to continue to take, an active role in the child’s upbringing.

I believe that I have answered your question.

Please kindly rate my answer.

Waleed Hassan, Immigration Solicitor
Category: Immigration Law
Satisfied Customers: 66
Experience: I have extensive knowledge in Immigration, Nationality and Asylum law and have had conducted in lead cases.
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