Visa extension on basis of parent of british child

Hello,

I am a naturalised British citizen and have two children aged 2.5years and 6months old who are British by birth. My husband is on tier 1 dependent visa. He is due for an extension in March'19 and will qualify for ILR in Oct-Nov'19. He has got a police caution in July'16 for domestic violence and record of domestic violence in Aug'18. On his enhanced DBS checks two incidents of domestic violence are indicated. We were recently investigated by social services following referral from son's nursery for son's unusual behaviour. The case was closed stating they had no concerns with regards to our parenting and that as a couple we needed to decide what is best for us and our children.

Due to domestic violence I flew to India with the children in Aug'18 and continue to live with parents. My son has started nursery and other activities in India. My husband is upset about his police record and has decided to divorce me, however is unwilling to start any divorce proceedings in UK or sale of property. He is unwilling to come to India and file for divorce by mutual consent either.

I have written to home office informing them about relationship breakdown.

Husband stated he is advised by his solicitor that he can apply and qualify under parent of a british child, besides we are equal and joint owners of a property in UK and have mortgage to pay therefore he is a liability for UK and can get his visa extension. Husband has not paid any child maintenance or kept in contact since we moved to India.Though often has threatened to take my son to UK to help him qualify for visa extension.

I have decided to live in India with my children as we have better support system here and do not intent to return to UK as we fear for our life, husband has threatened to kill me if I returned to UK. On numerous occasions I have been in touch with Women's aid organisation who advised it was best for me and the children to move out. Also all the episodes of domestic violence are recorded by health care professionals and I reported the threats to kill me to London Metropolitan Police who advised me to report the crime in India as he threatened me over the phone whilst I was in India. Indian police can only take action should he be in India and attempt to harm me or the children.

I understand I cannot keep the children in India without his consent for long. As of now he has consented for us to live in India and also provided supporting documents for Indian visa.

My questions:
1.Can my husband qualify for visa under parent route by March'18 and if so how and what supporting documents does he need?

2. Should he qualify will it reset the clock for his ILR?

Would much appreciate any advice with regards to the above.

1.Can my husband qualify for visa under parent route by March'18 and if so how and what supporting documents does he need?

No, he won't qualify for FLR(FP) parent route if the children are not living in the UK. Given his clearly violent behaviour and record towards the family, this will not be an easy route for him.

2. Should he qualify will it reset the clock for his ILR?

Yes.

concernedmother wrote: ↑

Wed Nov 28, 2018 1:29 pm

2. Should he qualify will it reset the clock for his ILR?

It will reset in that he will be on the 10 year LR route and he will need to prove 10 continuous years of legal residence. That may include time that he has already spent in the UK.

However, if the children are with you in India and you have notified the Home Office of the relationship breakdown, I doubt he will get a visa extension.

concernedmother wrote: ↑

Wed Nov 28, 2018 1:29 pm

Husband stated he is advised by his solicitor that he can apply and qualify under parent of a british child, besides we are equal and joint owners of a property in UK and have mortgage to pay therefore he is a liability for UK and can get his visa extension.

If getting a visa extension were as easy as having a mortgage, loads of people would have tried it and succeeded.

The renewal or not of a visa has noting to do with mortgages. However, as a joint mortgage holder, you will be liable for the whole amount in his absence. You should get independent financial advice on how to proceed if you are not in the UK.

concernedmother wrote: ↑

Wed Nov 28, 2018 1:29 pm

I understand I cannot keep the children in India without his consent for long.

If DV has been registered against him, he may not be able to compel the children to be returned to him. I am not sure on this point, let other opine before any action.

concernedmother wrote: ↑

Wed Nov 28, 2018 1:29 pm

Also all the episodes of domestic violence are recorded by health care professionals and I reported the threats to kill me to London Metropolitan Police who advised me to report the crime in India as he threatened me over the phone whilst I was in India. Indian police can only take action should he be in India and attempt to harm me or the children.

I would suggest keeping the Met Police and the British consulate where you reside in India (essentially British authorities) informed anyway, just to keep a paper trail. That may come in handy if the Home Office decides that he needs to be removed from the UK.

Thank you so very much for prompt reply. Thank you.

Just one more query should my letters not reach curtailment team or they decide not to curtail his visa, can he still get an extension as a tier 1 dependent? Does the police caution in July 2016 have any bearing? The incident in Aug'18 was treated as domestic abuse and recorded however no action was taken as according to them no crime was committed.

When my husband receives the curtailment letter he surely will try to take our children to UK to support his application. At that point can he still qualify as a parent of British child?

Thank you once again for taking time for reading and providing advice.

Just one more query should my letters not reach curtailment team or they decide not to curtail his visa, can he still get an extension as a tier 1 dependent?

No, especially not if you are abroad. When it is curtailed it is curtailed.

If he tries to take the children, I strongly suggest you contact the embassy or UK foreign office for assistance to avoid a parental abduction situation.

Note that he still needs some support and documents from you even for FLR FP parent route.

Thank you for the advice.

I followed the suggestions. Can you please advice if the police caution from July 2016 and police record from July 2018 will have any implications on his visa extension application?