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Separated NON EEA National with British Born Child

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expate
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Separated NON EEA National with British Born Child

Post by expate » Sat Mar 05, 2016 7:47 pm

I am non EEA National married to a British National Since 2012. I have spouse visa from August 2013 till May 2016. I have nearly 3 years old child as well. We are married according to Islamic rules and not registered in Registrar office. Now we are separated but not divorced yet. Just wondering what are my options to live and work in UK?

noajthan
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Location: UK

Re: Separated NON EEA National with British Born Child

Post by noajthan » Sun Mar 06, 2016 5:36 pm

expate wrote:I am non EEA National married to a British National Since 2012. I have spouse visa from August 2013 till May 2016. I have nearly 3 years old child as well. We are married according to Islamic rules and not registered in Registrar office. Now we are separated but not divorced yet. Just wondering what are my options to live and work in UK?
Is child from this relationship or another?
What nationality is child?
Where is child?
All that is gold does not glitter; Not all those who wander are lost. E&OE.

expate
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Joined: Sat Mar 05, 2016 7:41 pm

Re: Separated NON EEA National with British Born Child

Post by expate » Sun Mar 06, 2016 6:20 pm

Yes the child is from this relationship and is born in UK. Child is residing here in UK since Birth and is almost three years old. Thanks for your reply

secret.simon
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Re: Separated NON EEA National with British Born Child

Post by secret.simon » Mon Mar 07, 2016 8:11 pm

expate wrote:I have spouse visa from August 2013 till May 2016. I have nearly 3 years old child as well. We are married according to Islamic rules and not registered in Registrar office
I presume that you were issued a spouse visa on the basis of a "relationship akin to marriage" as Islamic marriage is not recognised in the UK.

As your marriage is not recognised, you do not need a divorce.

However, when it comes to your visa renewal, you will need to prove a subsisting relationship with your significant other. If you live separately from him, you likely will not have proof of that.

Who has legal (e.g. by court order) custody of the child? Is the child a British citizen? Does your significant half play a role in the child's life?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

expate
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Joined: Sat Mar 05, 2016 7:41 pm

Re: Separated NON EEA National with British Born Child

Post by expate » Mon Mar 07, 2016 10:39 pm

My child is born British because her mother is a British citizen but I am a non EEA resident. We recently had a clash and have not yet been through any court preceding. We still living in the same house with our child so the custody is mutual and no court decision is involved. But I have only 2 months remaining till my visa expires and I am afraid she doesn't want to live together any more and help me sponsor to renew my visa on the basis of our marriage. I just wanted to know what are my chances to retain the residence and right to work. Its urgent please someone help me. Thanks

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