Spouse Overstay

[graham2263]

Would like to cut a long story short If I can. I married in the Philippines Oct 04 and brought her over to UK 2005 after our son was born out there.
Since then we had a further 3 more kids and in between dates went to the Philippines for 1 year (wife fell pregnant ) We applied again for spouse visa as last one ran out while away.

Only this week I took a DNA test with the 3rd son (2 yr old) who was conceived in the Philippines but born 3 weeks after returning in the UK, It was negative and he is not mine, I am absolutely shattered and angry obviously, he was registered in my name but wasn't aware at the time.

But where do I stand, she has failed 3 life in the UK tests and her visa was due last August 2010 ! She has become an evil biatch (excuse the term) I am not sure if they can send her home if she has kids, or would they just wave her through. (I would prefer her be sent home ) and the kids stay with me as she is mad, blaming everyone else but herself of cause, she is acting weird and talking suicide and stuff to the kids and it's affecting them.

Please help, and where do I stand

[Greenie]

Would like to cut a long story short If I can. I married in the Philippines Oct 04 and brought her over to UK 2005 after our son was born out there.
Since then we had a further 3 more kids and in between dates went to the Philippines for 1 year (wife fell pregnant ) We applied again for spouse visa as last one ran out while away.

Only this week I took a DNA test with the 3rd son (2 yr old) who was conceived in the Philippines but born 3 weeks after returning in the UK, It was negative and he is not mine, I am absolutely shattered and angry obviously, he was registered in my name but wasn't aware at the time.

But where do I stand, she has failed 3 life in the UK tests and her visa was due last August 2010 ! She has become an evil biatch (excuse the term) I am not sure if they can send her home if she has kids, or would they just wave her through. (I would prefer her be sent home ) and the kids stay with me as she is mad, blaming everyone else but herself of cause, she is acting weird and talking suicide and stuff to the kids and it's affecting them.

Please help, and where do I stand

and what effect do you think it would have on the children if she was sent home?! Perhaps if she is suicidal you should try to get her some help rather than try to plan how to get her back to the Philippines.

They are unlikely to make her leave the UK if she has 4 young British children and has lived her herself for the best part of 6 years. If she did have to leave there is every chance she would be allowed to take the children with her so i think you would be better off trying to work through your problems and even if you are to separate to support her application to remain here on the basis of the children.

[graham2263]

She already has a son from previous relationship in the Philippines, he is schooling private, it has cost me a fortune and still wanting more, sold my house at some stage and never recovered.
There is a lot more, like I said, wanted to cut a long story short

[Greenie]

She already has a son from previous relationship in the Philippines, he is schooling private, it has cost me a fortune and still wanting more, sold my house at some stage and never recovered.
There is a lot more, like I said, wanted to cut a long story short

but, with respect, none of that is really relevent to her immigration status.

[graham2263]

Well it was the immigration status I need help on, not replies from Human rights. I want to leave her and know my children can stay in the country with her or not. But she is not entitled to public funds. Would she be given it on the grounds we ceased living together.
Please don't reply if you have no knowledge

[Kitty]

graham2263, I think you'll find Greenie has plenty of knowledge. Where you stand in relation to your kids is a matter of family law: have you consulted a family law solicitor about obtaining a divorce and residence with your kids?

Your wife may apply for discretionary leave to be in the country while divorce and custody proceedings are going on. Her (and your children's) right to private and family life are absolutely relevant to this.

Are you asking if you can somehow influence the authorities to remove your wife from the UK? Why do you want to know whether she can get public funds?

[Greenie]

Well it was the immigration status I need help on, not replies from Human rights. I want to leave her and know my children can stay in the country with her or not. But she is not entitled to public funds. Would she be given it on the grounds we ceased living together.
Please don't reply if you have no knowledge

i gave you a reply on the immigration matter. What i was saying was that her conduct in the marriage isn't really relevant to her immigration issue. Human rights are relevant to her immigration issue however.

i didn't say that the children can't stay in the country without her. What i was saying was that she may take the children to the Philippines with her and the family courts would not necessarily prevent her from doing so. That's why it may be better if you support her application to remain here with the children.

No she won't be able to claim public funds whilst she is still here as an overstayer but they may house her if she is living with the children and is otherwise homeless. Also they may require that the child benefit you are presumably receiving is paid to her if the children live with her. She may also be able to get maintenance from you.
If she is granted discretionary leave because of the children then yes she would have recourse to public funds.