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From an immigration point of view he should inform UKVI and leave it at that. If he doesn't want to seek access to the child the mother won't be able to remain legally. If he wants access to the child she can apply for leave to remain as the mother of a child in the UK.dmacm01 wrote:A friend of mine has just found out that his Thai wife is having an affair . He is obviously devastated about this especially as his wife was just granted flr(m) for which he paid a princely sum - against my advice he did it through a lawyer.
He is wondering what her legal situation is now - is the flr(m) still valid if they are not living together as man and wife - can she stay in the UK until the visa expires . They have a son and he would be much happier if she had to return to Thailand - he does not like the idea of the boyfriend having access to his son.
Fascinating choice of word, Wanderer. But it apparently only applies to people of the female gender. I would hope that the laws are gender-neutral.Wanderer wrote:inamorata
You have misunderstood. A non-British non-EEA child who has lived legally in the UK for 7 years can apply to stay in the UK on the basis of private and family life. His/her parents can then stay on on the basis of their child being a resident of the UK.dmacm01 wrote:The mother and child have only lived in the UK for 4 years. Does this mean she has to return to Thailand ?.
If the court awards custody to the father but the mother is given right of access to the child, I believe she can apply to stay under those terms.secret.simon wrote:You have misunderstood. A non-British non-EEA child who has lived legally in the UK for 7 years can apply to stay in the UK on the basis of private and family life. His/her parents can then stay on on the basis of their child being a resident of the UK.dmacm01 wrote:The mother and child have only lived in the UK for 4 years. Does this mean she has to return to Thailand ?.
A British citizen child does not need leave to remain in the UK. But if the courts give custody of the child to the mother, the mother can get a visa to stay in the UK to look after the child. On the other hand, if the father is given sole custody of the child, I believe that the mother will not have that option.