Once she has a residence order, it would be hard for the UK to remove her (albeit not impossible as if there is no other party holding a residence or contact order for the child, a family law judge might not see it unreasonable to agree to removal).
Yes, the UK would not normally allow one to stay for economic reasons eg Life in Trinidad is hard blah blah blah but as I said earlier, a British child can exercise his/her rights to both parents as set out in the children's convention. It is a long and tedious route and would only favour those with a lot of money to spare on court cases.
Immigration would not ultimately override family law if a family law judge refuses to agree removal.
I have a case law on this and would revert in due course.
jei2 wrote:nadiatt,
Do you actually have any evidence that your son's father is British or legally settled in the UK? If not your case may be a non-starter.
Otherwise..I note that you say it was your right to have your son born in the UK.. you also refer to yourself as a resident of the UK. I assume that this is just you expressing your desire. The reality is quite different so try not to get confused as it will only cause you more heartache.
If his father has legal status and you are serious about sorting your son's paternity out it will be for his sake later in life not yours. It doesn't get you leave to remain in the UK simply because your life in Trinidad is hard.
Finding a UK family lawyer - one that likes a challenge - should be your first goal. My concern is that if you try to come back - even with a good immigration record -you might suffer from the fallout of the visa waiver test. Unfortunately for you, you fell in love with a..a...
Anyway, focus less on the emotional aspects and approach as many family lawyers as you can. Immigration legislation does ultimately override family law and I can't see the father going for a residence order so it's not going to be easy. Although I wouldn't say impossible.
