Marriage breakdown. Curtailment of his visa. Does he have any rights?

[g71058]

Hello.

As a brief piece of background I married my husband in 2014 he's a US citizen and we have 2 children together. Our marriage has since broken down and divorce will be finalised next month. I have informed the home office and recently received a letter informing me his visa has been curtailed.

When we first separated he had access to the children 2 nights a week but this has since stopped. He does not financially provide for the children and I have started a claim through csa for child maintenance.

Due to his lack of involvement in raising our children I would prefer for him to have to leave the country. Does he have any rights to stay? What other visa types could he apply for?

He is currently living with his new partner and her children but of course cannot at present marry her.

Of course I would rather he had stepped up to be a good father but unfortunately this has not been the case and I will not support a further application for him to stay.

Thank you for your help.

[Londoner007]

So you want to prevent a father from seeing his own child. He has every right to see the child if he so qualifies to do so - dont be so cold hearted.

In terms of telling him to leave the country, it is no longer up to you; it is now up to Home Office to decide. He may still qualify to stay in the country through other routes if he is eligible to them.

You done your bit and informed them of breakdown of relationship.

[Casa]

Of course I would rather he had stepped up to be a good father but unfortunately this has not been the case and I will not support a further application for him to stay.

@Londoner007 In your opening judgemental comment, you appear to have missed the point above. Nowhere in the OP's post has she mentioned preventing the father from visiting the children.

[Londoner007]

Agreed. I would kindly request if the father decides to be involved in the child's life do not prevent it without just reasons.

[g71058]

I haven't actually stopped him from seeing his children. He has chose not to see them and also does not want to pay any form of child maintenance to support them. After so many months away from the children I would only offer him supervised contact until I knew the children were comfortable with him before allowing overnights again but he's not interested. What I want to know is what other visa options are available to him. If he's not going to care for or support his children then tbh yes I would rather he was not in the country.