Spouse of a British resident & pregnant with another man

[Isabell]

Spouse of a British resident & pregnant with another man's child can they stay in the UK?

I have a friend who started a relationship with a lady from Nairobi, Kenya.
He married her in Nairobi in October 2009

She came over on a 2 year spouse visa (I think) they had been together for a couple of month’s pre the wedding in Nairobi. She arrived in the UK march 2010. She started to work in December 2010 Full time, till then she supported herself on her own savings & her British Husband’s wage.
Thru out the latter part of 2010 when finances became tough the Kenyan became violent & destructive and spent a night in a police cell but no charges were laid.

He left her December 2010 because of her violent ways but more to the fact she was pregnant with another man’s child. (Not sure how many months due) No one knows who the father is or whether he is British or whether he’ll take responsibility.

My friend hasn’t filed for divorce and doesn’t seem to see the point; he is currently unemployed and can’t afford the legal fees. Could he get legal aid? I’m assuming YES!

My questions are Does my friend have to inform immigration of the separation? I have looked it up on the UK boarder’s website and have an address for him to write too but, he’s not convinced it’s his responsibility, is it? Would he be subjected under British law and could he be convicted if he doesn’t inform immigration of the separation?

My friend has been a good friend of mine for many years and didn’t just marry her for a visa but it now looks like to all his friends and family she had all intentions of manipulating him this way to gain access to the UK.

I want to protect my friend from her violent temper made even worst now she is pregnant as he returned to their flat to collect his things he was then arrested for breaking into his flat but charges were later dropped.

Rent hasn’t been paid on the flat since November 2010 so could she be evicted? It doesn’t look like the other man is going to look after her as she is now squatting in the flat & my friend has moved back to his parents.

Will immigration let her stay to have the baby (due latest September 2011) & would that mean she could stay? Does her 2 year probation run from when she got married (Oct 09) or from when she arrived (Mar 10)?

Would it matter if the baby’s father name is or isn’t on the birth certificate?

If she can’t claim benefits & can’t support herself and the Child will they force her to leave? Does she have to support the child on her own or will the government help her financial and supply housing?

It’s a very tricky situation my friend is in and any advise would be appreciated but any insulting comments won’t be.
Thanks You

[geriatrix]

If there is no hope of reconciliation between the two, the British husband can inform UKBA of the breakdown in relationship. Whether or not UKBA will curtail / revoke the permission to stay is at their (UKBA's) discretion.


regards

[Isabell]

But will he be in trouble with immigration if he doesn't inform them of the break down in the relationship? what happens if he just leaves it ?

[Mr Rusty]

But will he be in trouble with immigration if he doesn't inform them of the break down in the relationship? what happens if he just leaves it ?

Nothing.