Divorce Seperation And British Visa

[ArranP]

Hello,

In the event marriage is not working and both parties decide to divorce, the wife who is Thai currently is residing in the UK on a two-year FLR visa, has to notify the British VISA section of the seperation and then re-apply for a different visa so that she may continue to reside in the UK.

What is the likelyhood that she would be awarded this visa to continue her residency in the UK once the divorce is complete? does anyone have any experience of such a situation ?

There is a young infant involved, biological daughter of both parties, born in the UK during the marriage.

Regards

Arran.

Edited April 9, 2009 by ArranP

[snuggzzz]

Your wife would not be automatically excluded in the event of your divorce or seperation. You have a child together, also, she has a right of appeal, she could also be exempt from some of the process regarding ILR.

Have a look at the Border Agency UK website.

[ArranP]

Your wife would not be automatically excluded in the event of your divorce or seperation. You have a child together, also, she has a right of appeal, she could also be exempt from some of the process regarding ILR.

Have a look at the Border Agency UK website.

I do know, if the mother were eligible and did remain the in U.K. then she would be awarded custody of the infant, however if she were not or decided to return to Thailand, in this specific case, it is likely the custody of the infant would be awarded to the father.

I had contacted the Border Agency, they require to be informed of the seperation and state an application should be submitted for a new visa as the cirumstances which the existing FLR visa was based have changed. They would not comment as to the likleyhood of a new visa being granted.....

Edited April 10, 2009 by ArranP

[torrenova]

Your wife would not be automatically excluded in the event of your divorce or seperation. You have a child together, also, she has a right of appeal, she could also be exempt from some of the process regarding ILR.

Have a look at the Border Agency UK website.

I do know, if the mother were eligible and did remain the in U.K. then she would be awarded custody of the infant, however if she were not or decided to return to Thailand, in this specific case, it is likely the custody of the infant would be awarded to the father.

I had contacted the Border Agency, they require to be informed of the seperation and state an application should be submitted for a new visa as the cirumstances which the existing FLR visa was based have changed. They would not comment as to the likleyhood of a new visa being granted.....

Sorry but just how do you "know" the mother would be awarded custody ? I don't think it is ever as clear cut as that and in many circumstances, the baby would be far better off with the western father than a hapless (if she be so) Thai mother.

[snuggzzz]

It would be a matter of what your wife's intentions are, there are no hard and fast rules, however, the child would be placed with the mother initially, she would if seperated from you as you state, disclose that information to the Border Agency. The social services would be involved if she is unable to support herself. That wouldn't necessarily go against her, as she would have a financial claim against you, every case is judged on it's merits.

Also, the grounds for divorce would be a consideration.

[ArranP]

Your wife would not be automatically excluded in the event of your divorce or seperation. You have a child together, also, she has a right of appeal, she could also be exempt from some of the process regarding ILR.

Have a look at the Border Agency UK website.

I do know, if the mother were eligible and did remain the in U.K. then she would be awarded custody of the infant, however if she were not or decided to return to Thailand, in this specific case, it is likely the custody of the infant would be awarded to the father.

I had contacted the Border Agency, they require to be informed of the seperation and state an application should be submitted for a new visa as the cirumstances which the existing FLR visa was based have changed. They would not comment as to the likleyhood of a new visa being granted.....

Sorry but just how do you "know" the mother would be awarded custody ? I don't think it is ever as clear cut as that and in many circumstances, the baby would be far better off with the western father than a hapless (if she be so) Thai mother.

It was explained to me by a family solicitor from my home town.

Edited April 17, 2009 by ArranP