Page 1 of 1
child custody battle ilr
Posted: Fri Mar 05, 2010 4:11 pm
by k4iser
hi, my friend is coming from pakistan with a 10 month old baby who was born in the uk, she was here on a spouse visa and that was curatiled so she left uk. now ex husband has filed for custody and she is coming on a family visit visa to uk to fight case.
if she wins residence of the child will she, be able to get ilr.
will her 6 month visa be enough for her to get a descision from home office.
will she have to go back to pakistan to apply again.
what if during court proceedings husband says he doesnt want contact with child, will she still have grounds to remain in the uk.
Re: child custody battle ilr
Posted: Fri Mar 05, 2010 6:30 pm
by immigrationuk2009
Hi
k4iser wrote:hi, my friend is coming from pakistan with a 10 month old baby who was born in the uk, she was here on a spouse visa and that was curatiled so she left uk. now ex husband has filed for custody and she is coming on a family visit visa to uk to fight case.
if she wins residence of the child will she, be able to get ilr.
will her 6 month visa be enough for her to get a decision from home office.
will she have to go back to pakistan to apply again.
what if during court proceedings husband says he doesn't want contact with child, will she still have grounds to remain in the uk.
In my view If she is successful in getting six month visa then she should file for case for residence order(child would reside with mother).In my view she would easily gain residence order from court.As you said father has applied for contact then father would be able for contact order.When all this she have two options.
1.Apply for access to child visa outside immigration law under articles is le 8 and she would get one year access to child visa tre hen she can file for ILR after one year.This is not an easy option.
2.Apply for 3 years DL visa on human right and she has a chance on appeal for it.She should focus that child is British and they are divorced and father has shown interest in child and there are ongoing court proceedings for child.
UK_Banned_Member
d
Re: child custody battle ilr
Posted: Fri Mar 05, 2010 6:31 pm
by immigrationuk2009
Hi
One more thing if father shown no interest in child then she has difficu
lty in getting visa.
UK_Banned_Member
Re: child custody battle ilr
Posted: Fri Mar 05, 2010 6:47 pm
by k4iser
immigrationuk2009 wrote:Hi
One more thing if father shown no interest in child then she has difficu
lty in getting visa.
UK_Banned_Member
what if during 1 year residence visa, father decides he wantsno contact then what happens will she have to leave.
and what is a 3 year dl visa
Re: child custody battle ilr
Posted: Fri Mar 05, 2010 6:51 pm
by immigrationuk2009
k4iser wrote:immigrationuk2009 wrote:Hi
One more thing if father shown no interest in child then she has difficult
lty in getting visa.
UK_Banned_Member
what if during 1 year residence visa, father decides he wantsno contact then what happens will she have to leave.
Yes she can be refused.More likely Yes
UK_Banned_Member