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Possible divorce - require help

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rzachs
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Joined: Sun Jun 24, 2007 10:32 am

Possible divorce - require help

Post by rzachs » Sun Jun 24, 2007 11:04 am

Hi,

ive been living with my partner for the past 30 month, and married for 18 month, we have a new born son 9 month old, she is a British citizen and m non EU/EEC, recently we had several difficulties in our relationship and unfortunately it might lead to a divorce, currently m on spouse visa that expires in December this year. having read several topics on Divorce on this board, it appears in case the divorce happens for FRL (O) under paragraph

246. The requirements to be met by a person seeking leave to enter the United Kingdom to exercise access rights to a child resident in the United Kingdom.

the reason i mention it, as it appears custody will granted to her since our son is a new born and can not be separated from his mother. as well as shared access will be granted for both of us.

taking into consideration the divorce process takes on average between 12 to 16 weeks, my question is, would i be able to apply for FLR (O)? if the divorce is granted prior of my spouse visa expiry, should i wait to the expiry (a month prior) and apply?, on the other hand, if it took more then expected, and passed my spouse visa expiry date, and surely my wife wont sign any letter for IRL or FLR for my self, what can i do, as i do not wish to breach immigration law by overstaying, and do not wish to lose contact with my new born.

would appreciate any advice or guidance
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John
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Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Sun Jun 24, 2007 7:17 pm

rzachs, are you a victim of domestic violence? If so is there proof of that? Have the Police been involved, or any hospital or doctor, or social services?

Are the two of you still living together at the moment, or have you separated?
John
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rzachs
Newly Registered
Posts: 2
Joined: Sun Jun 24, 2007 10:32 am

Post by rzachs » Mon Jun 25, 2007 3:28 pm

yes we are living together, and no neither of us is subject to domestic abuse, hope this helps.
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vin123
Member of Standing
Posts: 403
Joined: Sun Nov 17, 2002 1:01 am

Post by vin123 » Mon Jun 25, 2007 10:30 pm

How many months remaining for you both to get to ILR ?

If divorce happens, you can apply for FLR in person requesting access to your child and normal living in UK under your previous circumstances - chances really depend on the case you present before HO and the circumstances the divorce case was dealt.
Also, what is your partner's domicile?. Does she have relatives/immediate family in the UK?

In any case, I would advice you to see a good lawyer and proceed with caution.
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