Spousal visa.

[avander]

I sponsored my wife with a visa to come over to the UK.
I have a British passport, I have recently found out that my wife has been having an affair and have documented proof that she has stated she is using me to get a visa.

I want to know if i have any options to revoke her right to stay in the country on these grounds or do i have to divorce her first.
If it is the latter i fear it may be to late as she has been here for almost 2 years now.

any advise would be great thanks in advance

[Amber]

In order for her to settle, she needs to have a subsisting relationship with you, inform the UKVI that your relationship is no longer subsisting. Unless she can apply under a different category she faces removal.

[avander]

thank you for the fast response,

Could you point me in the direction of what other circumstances she could appeal on.
we have a child together that lives here with us.
currently we are in the same house as it has only just been discovered that she has been having an affair for around 5 months now.

thanks again in advance

[Amber]

If the child is British, that'll likely allow her to stay but on an extended route to settlement. She's more likely been unfaithful since day one, the child may not be yours and you should request a paternity test.

[avander]

the child is mine and a test has been done, it was almost 6 years ago he was born but she had an affair back then too hence the test, I know im a sucker cause i took her back.
the thing is i want to go back to south africa because my family is there but she is saying she will do everything she can to stay here and keep him here away from me.
i wanted to revoke the visa in order to force her back to south africa where i will be and therefore my child too.
or can she still claim a stay here because of my child?

[Amber]

Yes she can claim to stay.

[Obie]

I guess she is on a spouse visa, and she has the child's passport?

You can choose not to sponsor ILR, and probably hold the child's passport so as to stop her from making an application for leave on the basis of the child.

But in any event, she may be denied ILR, but actually removing her with a British Child, is a different kettle of fish altogether, it is so hard to the point that i can describe it as almost impossible.

It may be best to come to an amicable compromise in the interest of the child.

[avander]

thank you for that responce Obie,

so what i can gather from that, my best coarse of action would be to remain here myself and revoke my sponsorship.
hold the passport as to prevent her from trying to claim ILR on the basis of the child and as i still have parental rights the child will stay with me due to being british. once she has been removed from the country i could then move back to South Africa with my child?

one other question i have is how long does she have to make an appeal once i revoke my sponsorship and what is the general time period for someone to be deported if no appeals are upheld?

again thanks in advance.

[Casa]

I would assume your wife could submit the child's birth certificate. Not all children have passports. You should consult a family lawyer regarding your parental right to custody. You can't say that simply because your child is British that you have sole parental control.

[Obie]

The OP missed my point completely.

I did not tel him his wife will be deported or removed, to the contrary. I said she may have difficulty seeking ILR, or in the case of the child make an application for leave as the mother of a British Child.

As a British Citizen who has been issued a passport, it will be extremely easy for his record to be traced.

He may choose not to support her for ILR, but in regards to getting her removed, that is a different matter altogether.

I suggested a compromise situation.
It is unfortunate that OP did not appreciate the full content of the reply i sent.

[Casa]

I think this may have been the confusing sentence 'and probably hold the child's passport so as to stop her from making an application for leave on the basis of the child.
It did give the impression that any application to remain for access to child would be refused.

[Obie]

Yes that is correct.

That statement should have been qualified.

It may stop her in the short time to get leave, but in the long run, she may be able to do so, if following checks , it is established that the child was indeed a British Citizen to whom a passport had been issued in the past.

If a passport had never been issued, then, she may have faced the difficult task of proving that the child is entitled to British Citizenship

[Casa]

Wouldn't the birth certificate prove that, or am I missing something?

[Obie]

No casa, it appears that the OP's child was born after midnight 1st January 1983, so mum would have had to do a lot more than a Birth Certificate to show that the child is British, and in the absence of father support, getting that proof will be extremely hard.

[Amber]

It depends if the child is British, it might be the case the child is not British. If the child is British, then assuming the child was born abroad and has a British Passport, the UKVI could confirm the child is British on the system or she could ask the Tribunal to get confirmation of the child's Nationality. I think it's best if they all work together to get the best outcome. Trying to deport her is likely only to anger her and cause friction.