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Posted

Could someone please help with this question?

If I put down my parents as Garantor (Settlement Visa), for my Thai wife to come over. If when she came over with my soon to be daughter and within 6 months we have a fall out (BIG) and we wish to split. If we wanted divorce and everything, what would happen to my parents who acted as guarantor?

Would they need to support my wife if they have put themselves down as guarantor, would it be a legal obligation for them to look after them?

Don't get me wrong I don't want any of this to happen, and I would help support my child and would understand my wife would need help being in this country alone, but my parents have raised this question tonight and want to know if the worst was to come, what obligation do they have?

Thanks for your replys :o

Posted

Hi, Westybrook, I assume you are talking about a UK settlement visa, and that your parents have written a letter to say that you and your wife can live with them and they will give you financial support until you are working etc.

This does not mean your parents are acting as guarantors in the sense that they are guaranteeing to look after and support your wife ad infinitum. They are merely offering to support you both until you are in a position to do so. It places no legal obligation upon them.

If the worst happens and you and your wife split, then your parents can simply cease to give her any support. What she would do then is up to her. She could return to Thailand immediately, or, if she wanted to, she could remain in the UK until her visa expired. Obtaining ILR would then be very difficult for her as the relationship with you will no longer exist.

Of course, the situation regarding ILR would be very different if the relationship broke down because she was a victim of abuse and/or violence by you.

Posted

Thanks GU22, Il tell my parents right away. I can understand why they brought this up, as this could have been a major headache for them if things sadly didnt turn out :o

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