BRITISH NATIONAL KIDS AND FORIEGN MOTHER- HELP REQUIRED

[sheryar.uk]

My sister in law was married to a person in 2003 who had indefinite leave to remain in the UK and eventually she came to UK as a suppose of setteled person in the UK, she had two kids with him in these 2 years and kids obtained british citizenship as father had indefinite leave to remain in the UK. Marriage did not go well between the two and she became a victim of domestic violenece and abusive treatment from him and in-laws. She was given protection by the social services and lived in woman shelter house for few months.

Afterward, he lured her back to home saying that he was ashmed of himself but his plan was not to apply for her ILR and take her back to her native country pakistan. She went back to pakistan with kids for never to be returned to UK as her leave to enter expired. Her husband remained in the UK but did not obtain british nationality, he was of criminal mind, he got caught on rape charges by british police and was given 4 year sentence in the UK. Cutting the long story short, Home office revoked and cancelled his ILR and he was deported back to Pakistan. (As they say, every Dog has its day).

Its been 7 years now since she left UK with her kids and now she is seprated from him and divorce prceedings are started in pakistan,2 kids are british nationals and living in misery with thier mother in pakistan.

I was recently reading a topic on immigratiom board "Best Interest of a
Child- New Supreme Court Judgement" and in this topic this judgement was attached
http://www.bailii.org/uk/cases/UKSC/2011/4.html

Could any one kindly shed some light on this case, is there any way she could come back to UK with her kids who are british nationals and thier best interest and welfare is in the UK....could any one please guide me so i can help her come back to UK. I will truly appreciate your responses and comments.

Thank you in adavnce!

[sheryar.uk]

CAN ANYONE PLEASE PROVIDE ANY GUIDANCE OR SOME SORT OF SUPPORTIVE INFORMATION RELATED TO THIS CASE?

[asim72]

You need to see a competent solicitor who specialises in immigration. I am afraid, this is not something that could be solved by taking advice in immigration forums.

[Obie]

There are currently no provision in UK law for the parents of British nationals to apply to enter the UK with the British national children. Had she been in the UK, the situation would have been much simplier.

The European Court OF justice has issued a Judgement in Zambrano, which allow a British child to live in the UK with their British Children. As i said the UK has yet to enact legislation to give effect to the ruling, so she would in all honesty, have to wait in Pakistan for a while.