Marriage Breakdown On A 2 Year Marriage Visa To Uk

[dmax]

hi,

i am trying to help a friend of my wife,s out,,she has been in uk now for 4 yrs in total,,2 yr marriage visa plus renewed for a further 2 yrs....married in bangkok and registered with uk embassy....her and her uk husband have 2 babies 3yrs and 2 yrs old born in uk..........the marriage has since broken down and there is no chance of reconcilliation.....what are the girls options now? can she be sent home ? i would,nt have thought so with 2 kids born in uk who depend on their mother...she is now not getting any benefits as it says on her visa she cannot make request/claim state benefits...........she is living on savings and a little money her husband ives her also she is staying with another thai friend of my wife,s,,we want to help this girl and her children she is in urgent need of advice and her money is running out fast...she is scared to call an immagration lawyer incase they ship her and the children back to thailand..........

help please,,, much appreciated here...thankyou

[ubonjoe]

Moved to the other visa forum.

[deprogrammed]

hi,

i am trying to help a friend of my wife,s out,,she has been in uk now for 4 yrs in total,,2 yr marriage visa plus renewed for a further 2 yrs....married in bangkok and registered with uk embassy....her and her uk husband have 2 babies 3yrs and 2 yrs old born in uk..........the marriage has since broken down and there is no chance of reconcilliation.....what are the girls options now? can she be sent home ? i would,nt have thought so with 2 kids born in uk who depend on their mother...she is now not getting any benefits as it says on her visa she cannot make request/claim state benefits...........she is living on savings and a little money her husband ives her also she is staying with another thai friend of my wife,s,,we want to help this girl and her children she is in urgent need of advice and her money is running out fast...she is scared to call an immagration lawyer incase they ship her and the children back to thailand..........

help please,,, much appreciated here...thankyou

The children are entitled by birth to remain - the mother can not be seperated from her children according to Geneva convention. This is how the Pakis and Indians get their relatives in the UK. Paki guy with British nationality Bangs up a Paki girl in Pakistan - baby gets British status by birth right - cant be seperated from mother - Paki girl home and dry

[sweeneythailand]

hi if she needs info on a good cheep lawman she can phone 02072815557and talk to my thai staff who know all about this problem as we have delt with it meny times we are a restaurant not a law firm.

but we do have a good one use my name sweeney

quote name='dmax' date='2009-05-19 16:25:42' post='2745819']

hi,

i am trying to help a friend of my wife,s out,,she has been in uk now for 4 yrs in total,,2 yr marriage visa plus renewed for a further 2 yrs....married in bangkok and registered with uk embassy....her and her uk husband have 2 babies 3yrs and 2 yrs old born in uk..........the marriage has since broken down and there is no chance of reconcilliation.....what are the girls options now? can she be sent home ? i would,nt have thought so with 2 kids born in uk who depend on their mother...she is now not getting any benefits as it says on her visa she cannot make request/claim state benefits...........she is living on savings and a little money her husband ives her also she is staying with another thai friend of my wife,s,,we want to help this girl and her children she is in urgent need of advice and her money is running out fast...she is scared to call an immagration lawyer incase they ship her and the children back to thailand..........

help please,,, much appreciated here...thankyou

Edited May 19, 2009 by sweeneythailand

[kennkate]

At some point she will have to get in touch with the Home Office. Why wait ?

They have rules & regulations to work to. At least it will put her mind at rest, I doubt very much she and her children would be placed on the next flight out.

At the moment, I am sure she will be able to claim support for the kids They are UK citizens.

The Uk will not let the kids suffer. Free Advise is available at Citizens Advice Centres in most towns.

[tlusername]

The children are entitled by birth to remain - the mother can not be seperated from her children according to Geneva convention. This is how the Pakis and Indians get their relatives in the UK. Paki guy with British nationality Bangs up a Paki girl in Pakistan - baby gets British status by birth right - cant be seperated from mother - Paki girl home and dry

Are you sure about that? It does not matter where the baby is conceived its where they baby is born. In this case the baby would have been conceived in pakistan which does not give it British status - it would still need mother and baby to go through a visa process as with others are doing with kids here.

Then again I may be wrong as immigration is new to me, so happily stand corrrected if that be the case.

[steve187]

The children are entitled by birth to remain - the mother can not be seperated from her children according to Geneva convention. This is how the Pakis and Indians get their relatives in the UK. Paki guy with British nationality Bangs up a Paki girl in Pakistan - baby gets British status by birth right - cant be seperated from mother - Paki girl home and dry

Are you sure about that? It does not matter where the baby is conceived its where they baby is born. In this case the baby would have been conceived in pakistan which does not give it British status - it would still need mother and baby to go through a visa process as with others are doing with kids here.

Then again I may be wrong as immigration is new to me, so happily stand corrrected if that be the case.

What has this to do with the posters problem

what type of visa/extension of stay is she on?

[deprogrammed]

The children are entitled by birth to remain - the mother can not be seperated from her children according to Geneva convention. This is how the Pakis and Indians get their relatives in the UK. Paki guy with British nationality Bangs up a Paki girl in Pakistan - baby gets British status by birth right - cant be seperated from mother - Paki girl home and dry

Are you sure about that? It does not matter where the baby is conceived its where they baby is born. In this case the baby would have been conceived in pakistan which does not give it British status - it would still need mother and baby to go through a visa process as with others are doing with kids here.

Then again I may be wrong as immigration is new to me, so happily stand corrrected if that be the case.

What has this to do with the posters problem

what type of visa/extension of stay is she on?

Read the OPs post - if you still can't make the connection then - well

[deprogrammed]

The children are entitled by birth to remain - the mother can not be seperated from her children according to Geneva convention. This is how the Pakis and Indians get their relatives in the UK. Paki guy with British nationality Bangs up a Paki girl in Pakistan - baby gets British status by birth right - cant be seperated from mother - Paki girl home and dry

Are you sure about that? It does not matter where the baby is conceived its where they baby is born. In this case the baby would have been conceived in pakistan which does not give it British status - it would still need mother and baby to go through a visa process as with others are doing with kids here.

Then again I may be wrong as immigration is new to me, so happily stand corrrected if that be the case.

If you - a British Citizen - have a child through your Thai wife (eg) then your child would be automatically entitled to a British passport thus entery to the Uk. If you know the law - then the mother can not be seperated from the child (Geneva Covention). Thus the mother is entitled to follow the child to the UK,

Fact of law

[Boo]

Can we keep this relevant to the op please.

OP, what is her actual visa status, is she on ILR, FLR or a 2 year residency visa?

You say she has been in Uk for 4 years, so hopefully she is on ILR, which means she can remain in the UK Indefinately & she will be able to claim benefits. I suggest she speaks to the local citizens advice office & see what they think her options are in terms of help financially & what she can expect to receive from her husband.

[ThaiVisaExpress]

Answer what is her visa status ?

[Brigante7]

Can we keep this relevant to the op please.

OP, what is her actual visa status, is she on ILR, FLR or a 2 year residency visa?

You say she has been in Uk for 4 years, so hopefully she is on ILR, which means she can remain in the UK Indefinately & she will be able to claim benefits. I suggest she speaks to the local citizens advice office & see what they think her options are in terms of help financially & what she can expect to receive from her husband.

It seems she's had a 2 year spouse visa then extended it for 2 years on a limited leave to remain visa (No recourse to public funds), that's how I read it anyway.

Brigante7.

[CharlieB]

Can we keep this relevant to the op please.

OP, what is her actual visa status, is she on ILR, FLR or a 2 year residency visa?

You say she has been in Uk for 4 years, so hopefully she is on ILR, which means she can remain in the UK Indefinately & she will be able to claim benefits. I suggest she speaks to the local citizens advice office & see what they think her options are in terms of help financially & what she can expect to receive from her husband.

It seems she's had a 2 year spouse visa then extended it for 2 years on a limited leave to remain visa (No recourse to public funds), that's how I read it anyway.

Brigante7.

That was my thought too when reading the op.

[Tee2008]

I suspect that there is more to this than we have been told. If she has been in the UK legally for four years with a subsisting marriage, then she must have ILR by now. If so, then she cannot be removed from the UK, and she is entitled to all benefits. If she does not have ILR then I think we have not been given the full facts.

[7by7]

If she has ILR then she can remain indefinitely, even though her marriage has now broken down.

If she she for some reason obtained FLR instead then she does not automatically have a right to remain, even though she has chidren who have British nationality. She should seek professional advice now.

If the marriage broke down due to the husband's domestic violence then she can apply for ILR on that basis.

Edited May 20, 2009 by 7by7

[dmax]

Can we keep this relevant to the op please.

OP, what is her actual visa status, is she on ILR, FLR or a 2 year residency visa?

You say she has been in Uk for 4 years, so hopefully she is on ILR, which means she can remain in the UK Indefinately & she will be able to claim benefits. I suggest she speaks to the local citizens advice office & see what they think her options are in terms of help financially & what she can expect to receive from her husband.

It seems she's had a 2 year spouse visa then extended it for 2 years on a limited leave to remain visa (No recourse to public funds), that's how I read it anyway.

Brigante7.

yes thats right brigante,from wot i can gather anyway

[Brigante7]

I suspect that there is more to this than we have been told. If she has been in the UK legally for four years with a subsisting marriage, then she must have ILR by now. If so, then she cannot be removed from the UK, and she is entitled to all benefits. If she does not have ILR then I think we have not been given the full facts.

She can only get ILR if she passes the life in the UK test, passes an ESOL with citizenship course or claims domestic abuse from her husband otherwise she would have to renew her limited leave to remain visa every 2 years, I think.

Brigante7.

[micky44]

I suspect that there is more to this than we have been told. If she has been in the UK legally for four years with a subsisting marriage, then she must have ILR by now. If so, then she cannot be removed from the UK, and she is entitled to all benefits. If she does not have ILR then I think we have not been given the full facts.

completely WRONG, what if she has not yet gained or passed the knowledge of life UK ? well she would of been given another two years FLR. i realize your a newbie and we all have to learn, but perhaps keep reading a few more posts before you make such bold statements please.

[rubik101]

There are many thousands of wives and husbands of UK nationals in the UK who have not, nor will they ever, passed the Life in the UK test or obtain ESOL level 4. They have the right to remain because they are the parent or sometimes the child of a UK citizen. She needs to go to the CAB and start claiming child support. This she is entitled to, even if she herself is not entitled to any money from the DSS. The CAB will not be instrumental in contacting the immigration authorities.

[beano2274]

She can claim benefits for the Children, although she herself cannot make any claims.

She should visit the Citizens Advice Bureau soonest. Also make sure her ex-husband is paying

maintenance for her and the children. If not then contact the CSA, they can get everything sorted

quickly.

She cannot be forced to leave as the Children have the right of abode, and a mother cannot, as

others have stated, be force ably removed from her children unless she maltreats them (which is

obviously here not the case).

Edited May 24, 2009 by beano2274

[7by7]

Life in the UK test or obtain ESOL level 4.

ESOL level 4 is a very high standard indeed! It is not necessary for new immigrants. The standard of English needed to study for, and understand, the LitUK test is entry level 3; a lot lower than level 4!

Also, if one's English is not at entry level 3, or better, then one merely has to progress from one level to the next; entry level 1 to entry level 2 will do it, provided the course includes citizenship materials as well.

[cuddleypete]

If she has ilr she can claim benifits etc and not be sent back to bkk,so not problem.She can remain Indefinitely, Even though her marriage has now broken down.

If she has flr she can still claim benifits for children. And she will have to speak tp home office,Citizens Advice Bureau,Etc.

Has there been any domestic abuse from her husband ?If husband has caused any domestic Abuse?or being Voilent then she can apply for ILR. due to that, and Citizens Advice Bureau will hlep with that.

And as other's have said :-She cannot be forced to leave as the Children have the right of abode, and a mother cannot, as

others have stated, be force ably removed from her children unless she maltreats them (which is

obviously here not the case).

[cuddleypete]

Life in the UK test or obtain ESOL level 4.

As 7 by 7 says entry level 4 is not needed on ilr form it says entry level 3 , but as 7 by 7 also says:- If one's English is not at entry level 3, or better, then one merely has to progress from one level to the next; entry level 1 to entry level 2 will do it, provided the course includes citizenship materials as well. This is correct as my wife had entry level 2 and then progressed to entrly level 3.

pete

[gazza44]

hi,

i am trying to help a friend of my wife,s out,,she has been in uk now for 4 yrs in total,,2 yr marriage visa plus renewed for a further 2 yrs....married in bangkok and registered with uk embassy....her and her uk husband have 2 babies 3yrs and 2 yrs old born in uk..........the marriage has since broken down and there is no chance of reconcilliation.....what are the girls options now? can she be sent home ? i would,nt have thought so with 2 kids born in uk who depend on their mother...she is now not getting any benefits as it says on her visa she cannot make request/claim state benefits...........she is living on savings and a little money her husband ives her also she is staying with another thai friend of my wife,s,,we want to help this girl and her children she is in urgent need of advice and her money is running out fast...she is scared to call an immagration lawyer incase they ship her and the children back to thailand..........

help please,,, much appreciated here...thankyou

The children are entitled by birth to remain - the mother can not be seperated from her children according to Geneva convention. This is how the Pakis and Indians get their relatives in the UK. Paki guy with British nationality Bangs up a Paki girl in Pakistan - baby gets British status by birth right - cant be seperated from mother - Paki girl home and dry

To help here the law says after 4 years you have automatic right to ILR if granted first settlement 2 yr visa before nov/2006 however it does not cover the issue of life uk test or esol so that needs checking otherwise to gain ILR need husband to sign show proof of relationship for past 3 years from date of application. If seperated and have UK children then still able to apply due to parental rights of both parents but best way would be to pass like in uk test does not take long to learn book cost £10 and test £33.28 only difficult it have very poor english comprehension after 4 yrs guessing that not the case. Forget lawyers just contact the home office who will help they will not deport her she has right of abode as do the children know of similar case the girl still here with her child and now the husband 2 years since has moved to thailand ironic and he on marriage visa as they still not divorced to also confirm the girl just mentioned gets benefits from the state and child support from the father done through CSA. HOPE THIS HELPS

[Artabus]

Also make sure her ex-husband is paying

maintenance for her and the children. If not then contact the CSA, they can get everything sorted

quickly.

Hang on a mo, why are we dragging the CSA into it?

1) The (ex) husband is said to be paying something, so maybe they have a private arrangement.

2) The CSA gets majority of its calculations wrong, causing plenty of problems.

3) Why do we assume she will / should have custody, we don't know the background...

4) He might even be a better parent, we have no idea.

5) There is no indication from the OP what the child custody arrangements have been, if any

The CSA is a nightmare, the couple will be MUCH better off keeping them well away from their situation.

[nigelandjan]

I suspect that there is more to this than we have been told. If she has been in the UK legally for four years with a subsisting marriage, then she must have ILR by now. If so, then she cannot be removed from the UK, and she is entitled to all benefits. If she does not have ILR then I think we have not been given the full facts.

Yes my thoughts exactly , well spotted , call me an old cynic ( I know you will ) but my guess is the OP,S ( friend ) is actually his estranged wife and he is trying to get some comfort to put her mind at ease , and also find out if he is still gonna be able to visit his kids frequently , instead of them being on the other side of the world.

Cant understand why so many people cannot get to grips with the type of visa she will be on ,, they married in BKK so she would have been given a 2 year spouse visa to enter the UK , then as she has been here 4 years in total she will be coming to the end of her FLTR ,, he states in the original post ( no recourse to public funds and this would all tie in ).

Why she would want to stay here puzzles me with all her family and friends in the LOS

[cookyboy]

Also make sure her ex-husband is paying

maintenance for her and the children. If not then contact the CSA, they can get everything sorted

quickly.

Hang on a mo, why are we dragging the CSA into it?

1) The (ex) husband is said to be paying something, so maybe they have a private arrangement.

2) The CSA gets majority of its calculations wrong, causing plenty of problems.

3) Why do we assume she will / should have custody, we don't know the background...

4) He might even be a better parent, we have no idea.

5) There is no indication from the OP what the child custody arrangements have been, if any

The CSA is a nightmare, the couple will be MUCH better off keeping them well away from their situation.

same thing happened to my friend and his thai wife, she had to keep renewing her 2 year extension untill she passed esol or life in the uk, she was only allowed to claim child bennefit for the children but would not allow her to claim child tax credits as she had restrictions to no goverment funding, and would not allow her to claim child tax credits for the kids she was a joint tennant with her husband who moved out of the house and she had no money to pay the rent for the council house she was in and could not claim housing bennefit for the house and was kicked out, all harsh news i know this was only 5 months ago, luckily she has now found a job and is able to take care of herself and the kids, and sadly to say my friend was no help to her or the kids and still does not, and he was the one to go astray not her, hope this helps and maybe things have changed with the goverment over the last 5 months