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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I am currently estranged from my South African wife for

Resolved Question:

Hi, I am currently estranged from my South African wife for approximately 1.5 years now and we have a 3 year old son who is a British citizen and lived here since birth.
She has just been refused citizenship despite passing life in the Uk test etc, she is not sure why, she works and claims nothing and has been here since 2004.
The question is that she is more than happy to get deported if that decision is made for her and will happily take our son with her, however obviously being his father (I am British) the idea of this happening is my worst nightmare!, I have heard that if he has strong family ties here (myself, his half brother, grandparents etc) as well as this being his home it would not be in interests to deport him along with her, is that right or will he be made to leave with her?, will she not be made to leave for this reason?,
Please advise me as I am really worried about this.
Thanks
Nick
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

Your child will not be sent back with her as the child is a British Citizen and cannot be deported from the UK.

She will have to apply to the courts for an order permitting her to take the child with her if it is in the best interests of the child but this would be a family law matter, not immigration law.

We do not know her immigration status here as she may have indefinite leave to remain which is not affected by her being turned down for British citizenship.

I suggest you contact the charity families need father if you need further support:
http://www.fnf.org.uk

All the best

Hope this helps
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