Wife of friend having an affair.

[dmacm01]

A friend of mine has just found out that his Thai wife is having an affair . He is obviously devastated about this especially as his wife was just granted flr(m) for which he paid a princely sum - against my advice he did it through a lawyer.

He is wondering what her legal situation is now - is the flr(m) still valid if they are not living together as man and wife - can she stay in the UK until the visa expires . They have a son and he would be much happier if she had to return to Thailand - he does not like the idea of the boyfriend having access to his son.

[Wanderer]

A friend of mine has just found out that his Thai wife is having an affair . He is obviously devastated about this especially as his wife was just granted flr(m) for which he paid a princely sum - against my advice he did it through a lawyer.

He is wondering what her legal situation is now - is the flr(m) still valid if they are not living together as man and wife - can she stay in the UK until the visa expires . They have a son and he would be much happier if she had to return to Thailand - he does not like the idea of the boyfriend having access to his son.

From an immigration point of view he should inform UKVI and leave it at that. If he doesn't want to seek access to the child the mother won't be able to remain legally. If he wants access to the child she can apply for leave to remain as the mother of a child in the UK.

Messy, further prove for my stance that more stringent Government tests need to be in place when importing one's foreign inamorata...

[secret.simon]

As Wanderer mentioned, your friend can inform the UKV&I of the end of the relationship. They will then take the necessary steps to either curtail the visa or at least put it in their records, so that the wife can not claim ILR on that basis.

She can, as Wanderer mentioned, continue to stay in the UK as the parent of a British citizen. That would put her on a 10 year path to ILR.

inamorata

Fascinating choice of word, Wanderer. But it apparently only applies to people of the female gender. I would hope that the laws are gender-neutral.

[dmacm01]

Thank you Wanderer and secret.simon. I have looked at the link provided by secret.simon and it is my understanding that my friend's wife can only apply for a visa as a parent of a British child who have lived continuously in the UK for at least 7 years.

The mother and child have only lived in the UK for 4 years. Does this mean she has to return to Thailand ?.

[secret.simon]

The mother and child have only lived in the UK for 4 years. Does this mean she has to return to Thailand ?.

You have misunderstood. A non-British non-EEA child who has lived legally in the UK for 7 years can apply to stay in the UK on the basis of private and family life. His/her parents can then stay on on the basis of their child being a resident of the UK.

A British citizen child does not need leave to remain in the UK. But if the courts give custody of the child to the mother, the mother can get a visa to stay in the UK to look after the child. On the other hand, if the father is given sole custody of the child, I believe that the mother will not have that option.

[Casa]

The mother and child have only lived in the UK for 4 years. Does this mean she has to return to Thailand ?.

You have misunderstood. A non-British non-EEA child who has lived legally in the UK for 7 years can apply to stay in the UK on the basis of private and family life. His/her parents can then stay on on the basis of their child being a resident of the UK.

A British citizen child does not need leave to remain in the UK. But if the courts give custody of the child to the mother, the mother can get a visa to stay in the UK to look after the child. On the other hand, if the father is given sole custody of the child, I believe that the mother will not have that option.

If the court awards custody to the father but the mother is given right of access to the child, I believe she can apply to stay under those terms.

[dmacm01]

Many thanks to all for very helpful information which I shall pass on to my friend.

[Obie]

Casa's advise and views is the one that sits more comfortably with me.

It will be difficulty to see a court denying custody to a mother because she had an affair.

If the father is not careful he will loose it all.

The poster of this lady being asked to leave the UK , is very close to zero.