Which visa should I apply?

sp413 · Post by **sp413** » Mon Feb 27, 2012 4:48 pm

Hi, I lived there for four years as my husband's dependent. I worked full time. I gave birth to my baby in UK but suddently we had a dispute and my husband sent me to India with my child. He got ILR but he didn't put our file. We still living in India. Do I have any right to apply for my child's visa or anything for me?

Post by **Lucapooka** » Mon Feb 27, 2012 5:01 pm

If the relationship has ended then unfortunately you have no right to live in the UK on the basis of your marriage. Now that your husband has ILR you may register the child as British (assuming the birth was before ILR was granted) but that will not give you any additional rights to live in the UK on that basis. If the child were resident in the UK, you could apply for a visa that would permit you to live there (child access visa) but the child is living in India so therefore you can't apply for leave in that category.

sp413 · Post by **sp413** » Mon Feb 27, 2012 5:06 pm

But we have not seperate legelly. But can I appy for any benifits from my husband or may be divorce? How they consider my case? Will it be benificial for me? As this is wrong he got his ILR and he left us with nothing and he is not paying for anything.

Post by **Lucapooka** » Mon Feb 27, 2012 5:10 pm

It may be morally wrong in your opinion but there is nothing illegal in what has happened. Indeed, it would have been illegal for him to have sponsored your ILR application given that the marriage was no longer subsisting. That would be a false declaration to frustrate the UK's immigration rules.

You still have rights under Family law with regard to the division of your joint assets and child maintenance subsequent to the break-up, and you should seek urgent legal advice with regard to this, but you have no basis to apply for a residence visa to live in the UK if the child remains with you in India rather than in the UK with the father.

sp413 · Post by **sp413** » Mon Feb 27, 2012 5:14 pm

But what I can I do to bring my child there as he born there and he is not keeping well in India at all. I believe I should go to human rights as this is totally inhuman thing done by my husband. My child is young and many of his jabs are also not done. The simple thing is he born there and he is not settling in Indian hot weather specially Sothern Indian weather.

Post by **Lucapooka** » Mon Feb 27, 2012 5:16 pm

The child has a right of abode in the UK but, as a minor, can't live alone. Therefore, if the father agrees to contact with the child and the child is living in the UK, you may then apply for visa for your own contact with the child who is resident in the UK. Otherwise, you do not have a right of residence in the UK under the current conditions.

Access to mild weather is not a human right consideration in the eyes of the UKBA.

sp413 · Post by **sp413** » Mon Feb 27, 2012 5:19 pm

If I come there under any other visa then will I be able to apply for me and my child? Or my husband need to apply for my child? My husband wan't do it as he has to pay me the child benifits so again I left with nothing. Please show me some way out.

Post by **Lucapooka** » Mon Feb 27, 2012 5:26 pm

sp413 wrote:If I come there under any other visa then will I be able to apply for me and my child? .

No, in your situation, access to a child can only be done as an entry clearance application in India. You can't enter the UK as a visitor (or a PBS migrant if you still have a valid visa) and then switch.

I think the application of Family law (and then perhaps using this a leverage to come to an arrangement over child access) may be your best solution. Seek professional advice.

sp413 · Post by **sp413** » Mon Feb 27, 2012 5:29 pm

No my visa has already expired. So what will I do? Can you please suggest somehting else? If I come there as different visa and I divoce my husband then will my child and me eligible for any benifit in UK? Can my child and I stay in Uk then?

Post by **Lucapooka** » Mon Feb 27, 2012 5:30 pm

Lucapooka wrote:Seek professional advice.

sp413 · Post by **sp413** » Mon Feb 27, 2012 5:32 pm

But I am unable to pay for solicitor's expenses. And do you know whom to ask about it? I mean which lawyer will be able to help me out?

pennylessinindia · Post by **pennylessinindia** » Mon Feb 27, 2012 5:36 pm

sp413 wrote:But what I can I do to bring my child there as he born there and he is not keeping well in India at all. I believe I should go to human rights as this is totally inhuman thing done by my husband. My child is young and many of his jabs are also not done. The simple thing is he born there and he is not settling in Indian hot weather specially Sothern Indian weather.

Medical care and all the immunisations are available in India , contrary to the impression given, being hot means you just dress the child accordingly and it will adapt quickly .
Sadly marriages breakdown you were on a dependant and as you are no longer dependant you have no right to live in the UK .

sp413 · Post by **sp413** » Mon Feb 27, 2012 5:39 pm

Ok I understand I don't have any right but what about my child? And we are not living together, we are not legelly seperated. My child an I should get benifit from husband. Can you please suggest anthing?

Post by **Lucapooka** » Mon Feb 27, 2012 5:41 pm

sp413 wrote:Ok I understand I don't have any right but what about my child? And we are not living together, we are not legelly seperated. My child an I should get benifit from husband. Can you please suggest anthing?

That falls under Family law and is not an immigration issue (and therefore outside the scope of this forum).

Frankly, in your situation of not knowing where to begin, professional legal assistance is your only solution. People on this forum can indicate your best options (which has already been done) but you will need the help of legal professionals to carry these through. You could begin by contacting the Citizens Advice Bureau or one of the various women's support groups. It is possible that you can apply to visit the UK to pursue your legal rights with regard to family law (though the risk of you non-return is a huge hurdle) but you will not be allowed to remain in the UK on that status. Any application within the rules for residence will be on the basis of resolving your differences under Family law, negotiating a schedule of contact with the father, and then leaving the UK and applying for a residence visa from India.

pennylessinindia · Post by **pennylessinindia** » Mon Feb 27, 2012 5:45 pm

[quote="sp413"]Ok I understand I don't have any right but what about my child? And we are not living together, we are not legelly seperated. My child an I should get benifit from husband. Can you please suggest anthing?[/quote
You have already been given the suggestion to seek a solution via family law , any divorce settlement would look to address your financial needs .
Your child can not live in the UK alone so will have live hear unless as already stated the father seeks to gain custody, which seems unlikely given want you have said .

sp413 · Post by **sp413** » Mon Feb 27, 2012 5:46 pm

So you mean I have to contact family lawyer and able to put file for my family rights to come there and there are chances to get permission to stay in UK but I have to apply from India? Is that what you mean? But can you suggest some lawyers who do legal aid or something? Will they be able to help me out even though I am in India? Please let me know as your help will be so much precious for me.

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Which visa should I apply?