Entry of Non Sponsored Spouse of British Citizen

[kaydee2016]

Hi Forum,

I am writing this query, on behalf of one my people I know, hope views expressed here will be able to assist him.

He is a British Citizen(BC acquired via ILR on Work Permit/T1G). He married 7 yrs. ago & had 2kids, they all lived in London for couple of years. Now due to marital issues, wife did DV & wife was arrested, when she was in London. She is not here now, as she with kids went to India(native country). School, in which kids were studying, enquired, why kids are not attending the school. Wife from India emailed to the school, that it is the father, who is holding the passports of all 3 dependants(wife+2 kids), which this gentle-men denies. School informed POLICE & Police then went to his home & queried. This guy informed, that the marriage is broken down & that he has already informed Home Office in this regard, that he does not further sponsor his wife. Wife & kids are in India. He is also vacating the property & relocating from UK, so there is no question about kids attending the school in UK.
Wife & kids lived in UK on dependant visa & they didn't have recourse to public funds. This guy is in process of winding up from UK & go out of UK, which he informed to HO / School & Police as well.

The husband in UK has learnt via grape vine, that school is arranging some visa & passport (or may be wife is arranging & school is supporting), for wife & kids to return to UK. I don't know, how realistic is this.

My query is whether wife & kids (even after their passports are lost by whatever reason) are able to come to UK, specially when wife & kids have been on dependent status & the husband has withdrawn the sponsorship from wife?
Husband fears the worst if wife come to UL & is scared a lot.
Appreciate, if forum knowledge can be shared on this.

Kaydee

[CR001]

They could be hoping to apply for child student visas if they qualify. Unlikely they will be able to re-enter the UK on spouse/child visas. Did the wife and children get ILR or not? How long have they been out of the UK?

Has your 'friend' divorced the wife? How long have they been separated?

[kaydee2016]

They could be hoping to apply for child student visas if they qualify. Unlikely they will be able to re-enter the UK on spouse/child visas. Did the wife and children get ILR or not? How long have they been out of the UK?

Has your 'friend' divorced the wife? How long have they been separated?

Thanks a lot CR001 for so quick reply.
None of wife or kids have the ILR. They have been out of UK for approx. 2 months only. There are no divorce proceedings yet, so no divorce is done. They have been seperated only approx. 2 months, since wife & kids are in India.

Is it possible that Home Office will provide the child student visas? Kids are only 5yrs. old (both twins).
Additionally, is it possible that they would be allowed to enter UK to appeal, visa cancellation, even if their visas would be cancelled by HO.

Thanks a million

[CR001]

They will only know if their current visas have been curtailed/cancelled if they attempt to re-enter the UK with them. If your 'friend' has informed HO of the relationship breakdown on the required HO issued form (yes, there is a specific form that has to be completed), then it will flag on the system if they try to enter that he has withdrawn his sponsorship etc. HO won't communicate anything with your 'friend' regarding their visa status.

Are the children UK born?

[kaydee2016]

Hello Char,

No. Kids are not UK born. They are India born.
regards

[CR001]

Only they will know if they qualify for some other visa. Anything we advise here would only be guessing.

[kaydee2016]

Thanks a lot for your replies, Char.
Kaydee