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Frantz I
Frantz I, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 233
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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I am a British citizen and my husband has a 2.5 years visa,

Customer Question

I am a British citizen and my husband has a 2.5 years visa, ever since I gave birth it has been obvious that my husband is only interested in gaining a British citizenship. He moved out of the family home after a acquired a British passport for our baby (which he insisted we get in case we need to go on holiday). He has refused to work since moving to the country and has travelled back and forth during the first 2 years approximately 6times spending 6wee6wedw at a time abroad.
I am left with a lot of debt hence, i have considered taking my baby to my family members abroad, i can work full time to pay off my debts. I want to know if my husband may be able to apply for a visa using my son? Please help?
Submitted: 12 days ago.
Category: Immigration Law
Customer: replied 12 days ago.
How can I prevent him from renewing or apply for a new visa as it is obvious that he only had a child with me to obtain a visa...in case I decide not to help him file for a renewal.
Expert:  Frantz I replied 12 days ago.

Hello

Thank you for your enquiry.

No matter what the difficulties are between you and your husband, a child should not be denied access to any of its parents. If there is a genuine relationship between a parent and his/her child, the Immigration Rules shouldn't be used as a means to facilitate a denial of access. You should be careful in taking your child out of the UK jurisdiction without consent from the other parent with parental responsibility. There are complex issues with regard to child abduction and family law for which I am not able to give you support.

But with regard to the immigration element for which I am able to provide support, under the Immigration Rules a parent who is not in a genuine and subsisting relationship with the other parent, can apply to remain in the UK to have access his/her British child.

In terms of your husband's current status as a spouse, if your relationship no longer exist then it is unlikely that your husband is able to remain in the UK as your spouse.

If your husband already had a spousal visa in the UK and before the birth of your child, I am unsure what you mean by "it is obvious that he only had a child with me to obtain a visa"

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