How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Immigration Law
Satisfied Customers: 34581
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
13262538
Type Your Immigration Law Question Here...
Clare is online now

According to Islam, my brother who lives in the UK married a

Resolved Question:

According to Islam, my brother who lives in the UK married a second wife in Indonesia. She has three sons with him. Now my brother has decided to divorce her but the ex-wife wants to come to live in the UK with her three children (aged between 5-2 years). She’s now applying for British passports for her children because we understand that children of British fathers are eligible for UK passports. She also has all the needed information about the children’s father- including a copy of his British passport.
My sister-in-law was told by her Indonesian lawyer who has her office in Manchester, UK, that if she pays her £700 she can help her get her children’s passports without their father’s co-operation. She can also apply for her own visa and then she can come to live in the UK with her children where they will get better education and have access to medical services. Her lawyer can do all this without the children’s father’s involvement.
Can you provide us with the best legal advice based on UK immigration law whether this is possible? If it is not, how can we make it possible? Thank you.
Submitted: 25 days ago.
Category: Immigration Law
Expert:  Clare replied 25 days ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

What contact has your brother had with the children and where?

Customer: replied 24 days ago.
Hi Clare, thank you for your response.
My brother went to Indonesia to visit his ex wife and children in February, 2016. And that was the last time he saw or spoke with his children. He also used to communicate with his ex wife via email and social media like bbm (blackberry messenger) but he stopped that more than a month ago.
Expert:  Clare replied 23 days ago.

The children are indeed entitled to British passports and there is no reason why they should not receive them.

They are also entitled to live in the UK if that is what their parents wish.

However their mother is not entitled to enter the UK and there is little likelihood of the her being granted a visa to allow the children to access a better lifestyle I am afraid.

I am sorry but what she has been told is not correct and - it would only work if the children lived with their father and it was the only way of her seeing them

I hope that this is of assistance - please ask if you need further details

Customer: replied 23 days ago.
Thank you Clare for your reply. If there’s any other question I’ll get back to you asap.
Rukky
Expert:  Clare replied 23 days ago.

You are welcome

Clare and 2 other Immigration Law Specialists are ready to help you