your advise would be much appreciated

I hope someone can help me.
My sister-in-law got married to a British citizen 14 years ago. She stayed in the UK for almost five years on a spouse visa. She has a son from this marriage who is British citizen as he was born in UK. Before she could apply for her Indefinite Leave she had a major accident and went to India with her son to recover. While she was in India her visa expired. She was in India for about 10 years. In these 10 years there were problems between her and her husband. In 2003 these problems were resolved and her husband applied for her visa which was first refused because Home Office didn’t believe this marriage was still 'active' but was granted a 2 year visa in 2005 after her husband appealed. But shortly before she was planning to come to UK there was a major fight between her and her husband and her husband said that he does not want her anymore.
But she still came to UK as she wanted to give her son (who is British and 11 years old now) a better life. She is staying with us and she never told her husband that she is in UK as she does not want to be with him. Soon her visa is expiring.
My question is: On what basis can she apply for a stay in UK. Her son goest o school and wants to stay here, too. Under which possible rule can she apply to stay in UK and how many months before her visa expires should she apply?
She does not want to tell her husband that she is here because she also fears that he might take her son away from her. Is this possible? He has last seen his son when he was three and never bothered to even send a birthday card when he was in India.
I would appreciate any kind of advise.

Someone advised me that there is chance to apply under human rights. Basically her son has a right to stay in UK because he is British and because he is under 18 she should be able to stay as well to take care of him.
Is this possible?

Is there any documented evidence and police reports regarding the 'fighting with ex-husband'?

ninu wrote:Someone advised me that there is chance to apply under human rights. Basically her son has a right to stay in UK because he is British and because he is under 18 she should be able to stay as well to take care of him.
Is this possible?

The main point to look at is how is the mother going to take care of herself and her son.

On what Visa is she in the UK? If she is here on a spouse visa and her husband/sponsor is unaware then that is clearly not a subsisting relationship. I would recommend some professional advice ASAP as that must mean she is in breach of her Visa conditions.

Chess wrote:Is there any documented evidence and police reports regarding the 'fighting with ex-husband'?

No there is no evidence. This so-called 'fighting' was a conversation over the phone. First he said that once my sister-in-law is in UK she has to take care of his parents and he won't let her go out and do anything. He threatened her that he will do something to her when she is in UK. In the end he just said that he wants to submit the divorce papers (which he never did). I think he is bit weird.

The main point to look at is how is the mother going to take care of herself and her son.[/quote]

She is working and this is what she will do if she can stay.

What visa is she on at the moment?

ninu wrote:I hope someone can help me.
My sister-in-law got married to a British citizen 14 years ago. She stayed in the UK for almost five years on a spouse visa. She has a son from this marriage who is British citizen as he was born in UK. Before she could apply for her Indefinite Leave she had a major accident and went to India with her son to recover.

That doesn't make sense. In those days, spouses normally got Indefinite Leave to Remain immediately, or at least after no more than one year.

What exactly was this "five year spouse visa".

avjones wrote:What visa is she on at the moment?

She is here on a 2-year spouse visa.

JAJ wrote:

ninu wrote:I hope someone can help me.
My sister-in-law got married to a British citizen 14 years ago. She stayed in the UK for almost five years on a spouse visa. She has a son from this marriage who is British citizen as he was born in UK. Before she could apply for her Indefinite Leave she had a major accident and went to India with her son to recover.

That doesn't make sense. In those days, spouses normally got Indefinite Leave to Remain immediately, or at least after no more than one year.

What exactly was this "five year spouse visa".

Sorry for not being clear with my original message saying 5 year spouse visa. Yes she did get one year visa after marriage and after that she got Indefinite Leave. But because she lived outside Uk for more than 2.5 years, the Indefinte Leave becomes invalid. We were told by the lawyer that if she had made entry into UK every 2.5 years she wouldn't have lost her Indefinite Leave Status.

ninu wrote: Sorry for not being clear with my original message saying 5 year spouse visa. Yes she did get one year visa after marriage and after that she got Indefinite Leave. But because she lived outside Uk for more than 2.5 years, the Indefinte Leave becomes invalid. We were told by the lawyer that if she had made entry into UK every 2.5 years she wouldn't have lost her Indefinite Leave Status.

Ok so have you told us everything like what did the attorney say about the current situation

ninu wrote: Sorry for not being clear with my original message saying 5 year spouse visa. Yes she did get one year visa after marriage and after that she got Indefinite Leave. But because she lived outside Uk for more than 2.5 years, the Indefinte Leave becomes invalid. We were told by the lawyer that if she had made entry into UK every 2.5 years she wouldn't have lost her Indefinite Leave Status.

So she did get Indefinite Leave to Remain? Now you are saying the exact opposite of what you said in your first post.

You cannot hope for meaningful advice if you post inconsistent or contradictory information.

You should as a start point look at the information on returning resident entry clearance at http://www.ukvisas.gov.uk