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frantzgregory
frantzgregory, Lawyer
Category: Immigration Law
Satisfied Customers: 623
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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I think you are missing my points. Of course I will never

Customer Question

I think you are missing my points. Of course I will never deny my son his father, but it is obvious that this man only had a child with me to have his residency.1. My husband moved out of my home as soon as my son (6month)was born and travel abroad for 4 months. ...2 separate times.2. He has never worked since living in the UK (2years), i have been paying all the bills hence I have a lot of debt. I have no support here in the UK to go and work full-time.3. The country which my son will be taken to, my husband is from that country also ( this is where he has been traveling back and forth) hence, he will still have access with his child.....in any case my husband spends most of his time abroad in that country than in the UK here with his son.Hence he may spend more time with him whiles he is abroad.I just this he has obviously used to get a visa, made my life impossible, left me with debts. Will they take all this point into consideration, ignore the fact and still grant him a visa to remain here in the UK? Or will they check all these information?
Submitted: 11 months ago.
Category: Immigration Law
Customer: replied 11 months ago.
Doesn't he have to divorce me first?
Expert:  frantzgregory replied 11 months ago.

Ok. Thank you for clarifying your position with regard to son and dad relationship.

The key consideration would be whether there is a genuine relationship with his British child for your husband to be granted a visa to remain in the UK under the category of a parent of a child in the UK. If your relationship is broken down and you no longer can meet the financial requirements under Appendix FM, it is unlikely that your husband is able to remain in the UK as your spouse. Everything else with regard to your debt and the fact he hasn't worked in the UK is irrelevant. Your don't have to be divorced, as the key issue is whether there is a genuine and subsisting relationship and if there isn't divorced or not, it is unlikely that your husband is able to remain in the UK under a spousal visa.