need help on spouse visa

[Need-help]

Hi,

I am asking for some serious suggestion, I was wondering if anyone can help.

I am on HSMP visa since Jan 2006, holding Indian passport, and got married in Dec 2007. My wife started living with me since Jan 2008 (she is on spouse visa and holding Indian passport), our marriage was not that great and we were having arguments every week. In Aug this year we had a baby in UK, we sponsored her mother and sister to UK to help us.

Things went very bad and she went back with her mother, and baby to India last September (she took all valuables even my engagement ring, £600 in cash without letting me know) and from me separately £800 on return ticket (coming back in January). She was working in NHS as a social worker since April this year and have also taken earning from there as well, she never contributed to household expenses.

What happened last Saturday was that she came back without me knowing and asked me to sponsor for child, in 2 minutes she left my house and then put a assault case on me stating I have hit her, police interrogated me and then dropped charges. Since then she is in UK but don't know where and my baby is in India presumably with my mother-in-law. Her parents are not picking up phone and she has also put a case in India charging me for physical harassment on her and her mother. Both of them are false charges.

I am planning to go for divorce in UK, my question is how soon will her visa be cancelled and do I need to pay her for child maintenance. Do I need to fight in India also to see my baby. What I get from police station is that she is in Uk and trying to bring baby here on her own, is that possible and can she do that?

Please if some one can respond.

With regards

[meats]

Hi,

I am asking for some serious suggestion, I was wondering if anyone can help.

I am on HSMP visa since Jan 2006, holding Indian passport, and got married in Dec 2007. My wife started living with me since Jan 2008 (she is on spouse visa and holding Indian passport), our marriage was not that great and we were having arguments every week. In Aug this year we had a baby in UK, we sponsored her mother and sister to UK to help us.

Things went very bad and she went back with her mother, and baby to India last September (she took all valuables even my engagement ring, £600 in cash without letting me know) and from me separately £800 on return ticket (coming back in January). She was working in NHS as a social worker since April this year and have also taken earning from there as well, she never contributed to household expenses.

What happened last Saturday was that she came back without me knowing and asked me to sponsor for child, in 2 minutes she left my house and then put a assault case on me stating I have hit her, police interrogated me and then dropped charges. Since then she is in UK but don't know where and my baby is in India presumably with my mother-in-law. Her parents are not picking up phone and she has also put a case in India charging me for physical harassment on her and her mother. Both of them are false charges.

I am planning to go for divorce in UK, my question is how soon will her visa be cancelled and do I need to pay her for child maintenance. Do I need to fight in India also to see my baby. What I get from police station is that she is in Uk and trying to bring baby here on her own, is that possible and can she do that?

Please if some one can respond.

With regards

That's a shit predicament to be in. As with regards the divorce, as soon as the divorce is finalised her visa is effectively revoked and she will be in the UK illegally. You should notify the HO of what you are doing, ie divorcing, so that they have it on record should she leave and try to enter the UK again. The police will also have this on record as i'm guessing that you've either notified them of the situation or will probably do so in the future.

If the baby is in the UK then you should pay maintenance for the child, but only for the child and not for your ex-partner. However with the impending divorce case i don't think she's got any chance of getting the baby into the UK without your permission.