Breakdown of marriage on settlement visa

clarky500 · Post by **clarky500** » Mon Mar 09, 2009 12:46 pm

My friend is here on a 2 yr settlement visa, she is married to a British citizen and they have a son that was born in England. Her husband has been unfaithful to her and has a new girlfriend, he has also kicked her out of their house.
He has been paying for a room in a shared house for her but now he has stopped paying and says he won't give her anymore money and that he wants her to leave the UK.

Does she have any rights?

UKBAbble · Post by **UKBAbble** » Mon Mar 09, 2009 1:02 pm

I imagine by "settlement visa" you mean a spouse visa. You do not appear to have any claim to stay should the marriage cease to subsist. Sorry.

clarky500 · Post by **clarky500** » Mon Mar 09, 2009 1:07 pm

Yes sorry, a spouse visa.

Does the fact they have a child together make any difference or the fact that the breakdown of the marriage was not her fault?

clarky500 · Post by **clarky500** » Mon Mar 09, 2009 1:17 pm

Sorry to add on to my previous comment, their child has a british passport, does that give him the right to be in the UK? If so does this give any status to the mother?

frances2 · Post by **frances2** » Mon Mar 09, 2009 1:44 pm

Oh dear, this situation is not good.
The child, if a British citizen of course can stay. But your friend, even as the mother does not have.
Their are some visas I think to do with being the main carer for a child, but it's very complicated, and I'm not sure she would have the right to work.
Hopefully "the experts" will know more about this.
She needs to find out if he has notified the imigration authorities

clarky500 · Post by **clarky500** » Mon Mar 09, 2009 1:54 pm

frances2 wrote:Oh dear, this situation is not good.
The child, if a British citizen of course can stay. But your friend, even as the mother does not have.
Their are some visas I think to do with being the main carer for a child, but it's very complicated, and I'm not sure she would have the right to work.
Hopefully "the experts" will know more about this.
She needs to find out if he has notified the imigration authorities

As far as I am aware he hasn't notified the immigration authorities yet. I get the impression that he is trying to avoid any financial responsibility for his child and wife by getting them out of the country, once they have gone they are not going to be able to chase him for maintenance. He will then be able to notify immigration that they are no longer together and that his wife has left the UK. Nice and neatly finished for him but a complete nightmare for my friend.

INSIDER · Post by **INSIDER** » Mon Mar 09, 2009 4:23 pm

A good brief should be able to make a solid Article 8 HR claim.

Wanderer · Post by **Wanderer** » Mon Mar 09, 2009 5:56 pm

To be honest - if the BC wants nothing to do with the woman or the child - I can't see any hope of them not having to leave.

Also I can't see where Art8 applies, the child is young enough to adapt to life abroad with the mother.

UKBAbble · Post by **UKBAbble** » Mon Mar 09, 2009 11:00 pm

INSIDER wrote:A good brief should be able to make a solid Article 8 HR claim.

Not a chance bearing in mind the child's age.

jei2 · Post by **jei2** » Mon Mar 16, 2009 12:01 am

clarky500 wrote:My friend is here on a 2 yr settlement visa, she is married to a British citizen and they have a son that was born in England. Her husband has been unfaithful to her and has a new girlfriend, he has also kicked her out of their house.
He has been paying for a room in a shared house for her but now he has stopped paying and says he won't give her anymore money and that he wants her to leave the UK.

Does she have any rights?

When you say "kicked" would that have involved any literal action on his part..? How was he treating her prior to this? Any verbal or physical abuse..?

The child has the right of abode and if mum decides to leave him, he's going into care. This would be costly to the state.

Unless dad decides to take him. Then mum can apply for continued leave under the access rules. It may be a bit of a chess game but it's not completely impossible to make a case...

Also was the child actually born within the last 2 years...?

bebe2 · Post by **bebe2** » Mon Mar 16, 2009 11:01 am

you know what reaally drive me nuts about these laws, is that red passport holders think they are goods, especially british.
a rule like the eea 2006 reg. should be introduced.

my friend is also married to a british, they have been goinng out for over 8yrs but only got married 1 yr ago and just got her spousal visa.
the man treats her like dirt, swears at her and insults her family, tells her her mum is going to die and she wont be able to go home bcos if she does he wud divorce her and she wont be able to come back to uk.

i can just go to any were pick a wife, abuse them for 18mths and divorce them and they will be back to square one, something has to be done.

may be, if you marry a foreigner and you divorce them before two year and they have to go back home, you should give them 5000 pounds and lets see how many spouse will keep acting like an idiot.

i feel better, good to vent.

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Breakdown of marriage on settlement visa

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