What will happen to our dual citizen children

[abcd1234a]

Hi,

I have my partner in the UK on an unmarried partner settlement visa. We arrived about a year ago and live together.

It is clear that we cannot continue our relationship and i want my partner to go back to the country of birth, where we met.

We still have about a year and a half until the visa expires. However, i am sure that my partner will be unwilling to leave the UK now.

My partner needs my financial support to live in the UK (FYI).

What can i do to have her leave the UK sooner rather than later?

If there is nothing that i can do, what do i have to do near the visa expiry date to ensure the authorities know that my partner may be staying in the UK illegally.

Thank you.

[CR001]

You are required to inform HO on the prescribed form, link below, that the relationship is no longer subsisting.

https://www.gov.uk/government/publicati ... nsent-form

HO will likely curtail the visa to expire 60 days after your partner gets the letter and your partner must leave the UK by this new expiry date or apply for a visa that they feel they qualify for.

Don't expect HO to keep you updated of the process/progress of your partners visa status.

[abcd1234a]

Hi,

My relationship has broken down with my partner who is in the UK on an unmarried partner visa. I plan on telling the Home Office about our situation by filling out the appropriate form.

I would like to have my partner go back to the country of birth.

We have infants that were born overseas (my partner's country of birth) but are with us now here in the UK. They each have 2 passports, one being a UK passport and the other being their country of birth.

I have hold of the British passports and my partner has hold of the overseas ones. There is no British visa in the overseas passport.

My question are:
-Once the HO gives notice that my partner has to leave the UK, can a visa to apply to stay in the UK can be obtained as our British children are here in the UK?
-If my partner does leave within 60 days of the HO notification, can the children be forcefully be taken away from me, and go overseas? I would have assumed not, as there is no British Visa in the overseas passports for the children, and so immigration at the airport would question how the kids got into the country stopping the exit.

Thanks.

[kpk1234]

She might be able to stay based on your children but I am not 100% sure.

[CR001]

-Once the HO gives notice that my partner has to leave the UK, can a visa to apply to stay in the UK can be obtained as our British children are here in the UK?

Your partner could apply for FLR(FP) based on the children yes. Not the easiest visa to get though.

-If my partner does leave within 60 days of the HO notification, can the children be forcefully be taken away from me, and go overseas? I would have assumed not, as there is no British Visa in the overseas passports for the children, and so immigration at the airport would question how the kids got into the country stopping the exit.

No one requires a UK visa to LEAVE the UK and as your children are dual British/Other, they cannot hold a visa anyway.

[abcd1234a]

-Once the HO gives notice that my partner has to leave the UK, can a visa to apply to stay in the UK can be obtained as our British children are here in the UK?

Your partner could apply for FLR(FP) based on the children yes. Not the easiest visa to get though.

Thanks CR001.

If I informed HO about the relationship ending, and my partner having 60 days to leave. Could my partner apply for the FLR(FP) as a 'destitute' person, meaning the HO will look at mitigating circumstances (expediting the visa processing and waiving the fee)?

My partner will have not funds for financial support, however - I will cease any financial support as soon at the 60 days notice is up.