Immigration status of divorced Moroccan with British child?

[virtual-writer]

Hi all.

This query is with regards to a Moroccan woman who came here on a spouse visa. She has a child with British nationality, but recently got divorced because of abuse received from her ex-husband.

Her solicitor says she has no right to permanent residence after her spouse visa expires. What are her options and chances to stay, as her daughter is a British national, born here to a British father?

Thank you very much

[UKBAbble]

She has little option but to leave at the end of her visa.

[Obie]

I don't think she necessary needs to go, if it is extablished she was a genuine victim of abuse and domestic violence, and she can prove it, she can apply for ILR DV route.

Also if the child is going to UK school, or the father intends to invoke rule 248, then the UKBA will have little or no option but grant residency to the mother.

Article 8 could be invoked in her case, as she is lawfully resident in the UK, and has established a life there with a British child, which could potentially be disrupted if she is removed.

This case is different from an Article 8 Case where there has never been a lawful residence.

The presence of the child will make a difference in her case.

[immigrationuk2009]

Hi

Best option would be to apply for ILR on Domestic Violence.Very reasonable route..You need proofs that marriage was broke due to abuse or violence like police report,GP report,witness statement from relative and neighbor.

This is very good option if you can proof violence.

Other route are very difficult like access to child visa...But home office say why she can not live oversea with her child..so no artcile8 breah..

This is option if father show little interest in child and get contact order or step prohibited order..

So make this workable she should first apply for Residence order that child would permanently reside with mother in UK...and then make artcile8 application..But this has very limited(upto 5%) chance of win..

My advise would be go for domestic violence route..


UK_Banned_Member