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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10528
Experience:  Barrister 17 years experience
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A friend who is a Thai citizen came to this country from Poland

Resolved Question:

A friend who is a Thai citizen came to this country from Poland 2.5 years ago with her Polish husband and her now 8 year old son from a previous relationship, the son has dual Thai/Polish nationality. I believe my friend has a 5 year spouse visa. My friends relationship with her husband has been deteriorating and he says he will never divorce her and would give her problems with her current visa if they separate.
If she did separate from him can he cause problems with her current visa that could result in deportation?
What could happen at the end of this current visa could she apply for a new visa or is there a possibility she could she then be deported?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. The important point for your friend here is that in accordance with the Zambrano decision of the European Court of Justice, your Thai friend has the right to live and work in any country in the EU if she wishes so as to support this EU citizen, Polish child. So, it doesn't matter if her husband divorces her, she will still have the right to live in any country - Poland, UK, or other - within the EU to support her Polish citizen child. So, she can get a visa on this basis.
Expert:  Buachaill replied 1 year ago.
2. So, the threats of her Polish husband that he will divorce her, do not matter much. She has a right independent of him to live and work in any country within the EU based on the Polish citizenship of her child. I would suggest she looks at her situation in terms of where she might ultimately obtain nationality and an EU passport.
Expert:  Buachaill replied 1 year ago.
3. In the UK, your Thai friend will obtain Indefinite Leave to Remain once she has spent five years legally in the UK. So, she should aim to achieve this, whether via the spouse visa or via a combination of the spouse visa and a Zambrano visa. One year after obtaining ILR, she can then apply for UK citizenship. This should be the ultimate aim as it makes visas irrelevant for her then.
Expert:  Buachaill replied 1 year ago.
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