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Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7660
Experience:  UK solicitor
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Hi there, I'm married to a filipino woman, we have a young

Customer Question

Hi there, I'm married to a filipino woman, we have a young daughter together. My wife is here in the UK on a spousal visa which is due to expire in June 2016.
We would like to get divorced.
Is it possible for her to stay here in the UK not married to me by applying for a visa that allows her to live here on the basis that she has a british daughter living here??
We share the child care and would continue to do so. She would have regular contact with our daughter.
If it is possible, is there an income requirement on her part to avoid recourse to public funds? If so how much? And can this be met by joint incomes as within our marriage?
Submitted: 3 years ago.
Category: Family Law
Expert:  Thomas replied 3 years ago.
Hi Jamie
Thank you for your question and patience, I’m Tom and I’ll try to help you.
The type of visa that she would be looking at applying for would be leave to remain on the basis that she is a parent with rights of access to a child resident in the UK.
It can be done but you would both need to instruct a solicitor, a family solicitor for the proof of contact with the child and an immigration solicitor to draft and submit the application.
The relevant immigration rules outlining this visa is Rule 246 and is on the following document:-
You will see the eligibility criteria outlined at 246i-viii.
The financial requirements are that she would have to show that she can support and accommodate heself without the need to access public funds. This would have to be met by her own income, though if you were under a court order to provide her with maintainance then this might also be taken in to account.
You would need to instruct a family solicitor because you would have to apply for a contact/residence order outlining the contact and residence arrangements for the child to evidence the fact that she has a right to access for your child.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Expert:  Thomas replied 3 years ago.
Is there any further information you require?
I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.
Kind regards,