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If the divorce goes through, your spouse's stay in the UK doesn't automatically become invalid. You need to report the breakdown in relationship to UKBA but it is at their discretion as to what action they should take. UKBA may just do nothing with regards to curtailing current leave of your spouse. And, depending on how things pan out, she may be eligible to enter / remain in the UK through "access to child" route.mshahid wrote:This is a question about immigration, as if the divorce does occur then the uk spouse visa will become invalid thus she would need to leave the country am i correct.
Who gets custody of the child is not an immigration issue. Also, as responses above suggest, you may not get sole custody just because the child ia British citizen, Seek advice from a family law solicitor on matters regarding custody of the child.mshahid wrote:So as the child is british would i have sole custody of him?
Custody doesn't automatically go to the mother.sanjacs wrote:No you wont have custody (sorry)
Similar thing happened to my friend, and she could proove that the husband was violent to her. She has been given ILR so that they can both have access to the child. And she's been housed by CS and properly taken care of.
Its only if the mother isnt capable that the father would be given full custody. Common, you dont just expect the mother of ur child to just go back to her country leaving her child!!! That is very heartless.