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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34493
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am a British born citizen, my wife is Thai and we have

Customer Question

Hi, I am a British born citizen, my wife is Thai and we have a one year old son born in the UK with dual nationality. My wife is currently on the first tier of her marriage visa, which needs renewing in February. Sadly we are going through some difficult times and have talked about divorce. She wants to get divorced in the UK (I think friends have been telling her she'll get a lot more out of me that way), I however want to get divorced in Thailand... It is much quicker and simple, you just agree a deal between you then go to the local office and sign. That's it, done. My question is, what are my wife's rights to stay in the UK if I refuse to sponsor her next tier of marriage visa. Can she apply in her own right as the mother of a UK child and if so, what criteria would she need to meet..? She has little savings and no income. Even if I agreed to a UK divorce, there is no way this would be finalised by February so she wouldn't be able to demonstrate an income in terms of maintainence payments from me. I look forward to hearing your views/advice.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help you.The first point you should be aware of is that even if the divorce takes place abroad your wife can still apply to the Uk courts for a financial settlement.With regard to her visa she can indeed apply to stay in the UK with the child - or she can apply to the court for permission to take the child back to ThailandIf she remains in the Uk then she does not have to meet the financial requirements - nor indeed the Language requirements as it is the needs of the child that are paramountPlease ask if you need further detailsClare