Difficult case with split family

Hello,

I am talking to someone with a tough case.

Step 1:
- A guy (non-EU), came to the UK and married a British women. He was illegal at the time.
- They had 2 kids together during their life together

Step 2:
- Due to his wife not meeting the revenue threshold to sponsor him, he never managed to apply for a leave with the Home Office.
- After about 10 years, the couple separated then divorced
- The husband had to leave the UK as it wasn't possible for him to find a job or even a decent accommodation without any valid documentation

Step 3:
- The wife fell ill and was admitted to hospital for a long term treatment (psychological nature)
- The kids were taken by British social services and placed in care (that despite having a living father in another country!)

They never contacted the father (they might have tried or not).

There are 2 lines of thought here:

1 - Is there any option for him to come back to the UK and be reunited with his kids? The mother had sole custody but she is no longer in position to fulfil her obligations. Would he "kind of" inherit the custody as the only parent able to fulfil it?

2 - Can he take the children and take care of them in his home country? (they are British but they can get the citizenship of their father's country).

He had options for visas while still in the uk based on parent of British child.

The fact the he is no longer in the uk and depending on how long he has been away and how old the children are, depends on what options he might have.

Useful to states dates for members to understand the time lines of events etc and what visa he initially came on.

He doesn't "inherit" them. As the mother had some custody, he would have to go through the courts. It is unlikely he could take the children to his home country at this stage.

Presumably his ex wife has family in the uk?

He married around 2007 then left the UK in 2018.

The kids are now 12 - 13 years old.

The wife wasn't in good terms with her family. It seems in-laws are non-existent and weren't involved at any point with the family.

His goal at this point is to be reunited with his kids and potentially support his ex-wife emotionally. Building an immigration case is secondary and could be necessary if it is the only way to achieve that result.

Zerubbabel wrote: ↑

Thu Jan 12, 2023 8:28 pm

He married around 2007 then left the UK in 2018.

The kids are now 12 - 13 years old.

The wife wasn't in good terms with her family. It seems in-laws are non-existent and weren't involved at any point with the family.

His goal at this point is to be reunited with his kids and potentially support his ex-wife emotionally. Building an immigration case is secondary and could be necessary if it is the only way to achieve that result.

If he wants the kids in his home country. That's easy. The hard part is if the wife would let them go, and if at this stage the kids want to go.
If all is a yes, he needs to find someone here to help take the kids to his embassy and get them a passport. Then he buys them a ticket, and bon voyage! Kids can always come back when they get older.
However, him moving over here back based on this synopsis is a different kettle of fish. He would need a solicitor.
How does he plan to explain that he can take care of the kids?
He has no job here, no house, no public funds, just the kids as anchor to the UK (which is important). Just not enough at this juncture.
He should have stayed and fought the system. Once you exit, you make the job easier for the HO.