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Divorce/separation

Subject to immigration control?

8 replies

SanctuaryMoon · 06/01/2013 23:01

Hi everyone, I hope you are all well.

You all seem like a knowledgeable bunch, so let me run something by you?

What happens when DH is a native UK resident and I am subject to immigration control, meaning no recourse to public funds, and we decide to split? There is 1 DC involved.

I'm guessing based on my limited knowledge that I would have absolutely no access to tax credits, housing or council tax benefit? I work full time, but can't get my head around being able to afford running a house on my own wage what paying for childcare.

I'm also assuming that DH could prevent me from leaving the country with DC?

I'm not in this situation (yet) but feeling miserable and wondering if there can be a happy ending of a split was to occur.

OP posts:
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olgaga · 07/01/2013 11:20

Hi, I'm afraid I have absolutely no idea - but I didn't want to leave you without a response.

You might try here:

Citizens' Advice

Rights of Women have an immigration advice line, or alternatively

Women's Aid

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LunaticFringe · 07/01/2013 11:27

This reply has been deleted

Message withdrawn at poster's request.

charlearose · 16/01/2013 18:34

This reply has been deleted

Message withdrawn at poster's request.

FeijoaVodkaAndCheezels · 16/01/2013 18:49

When I was under immigration control (further leave to remain) if DH and I divorced or he died not only would I have had no recourse to public funds but I also would have had to leave the country.

I never stopped to think about the implications for my children. In my head they are so young they stay with me and immigration had already cheerfully sent me home with DS in tow once (to arrange coming back mind) so never occurred they wouldn't let me again.

It's a tough situation and you really need to speak to an expert in immigration matters (bitter voice of experience). CAB is a good starting point as is the Boarder Control website.

Good luck.

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FeijoaVodkaAndCheezels · 16/01/2013 18:51

Also if I get on the laptop later (though more likely tomorrow) I'll post the link to the UK immigration forum.

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FeijoaVodkaAndCheezels · 18/01/2013 22:00

immigrationboards forum Lots of helpful people here.

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MerryCouthyMows · 18/01/2013 23:27

Does that mean that if you HAVE to leave the country, but your DC is prevented from leaving the country by a Prohibited Steps Order, that your DC will have to stay with their Father while you are sent back to your home country alone?

I can't quite get my head around it...

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shadesofwhite · 01/02/2013 00:26

Please OP come back and post. I'm in an exact similar position but I am a SATM, H has refused to pay for my and DD's accomodation. I'm planning to go back to my country secretly but that mean he can sue me for child abduction. I need his consent to do so. knowing him, he'll stop. I'll be stuck here, no access to pF and will be absolutely destitute.

What have you done to help yourself and DC?

Can't stop crying and worrying about him fighting me for custody and I deported. I need my family and I need to leave.

Sorry I ddint want to hijack your post, I just need to hear what you'Ve done about your situation. I hope you are Ok.

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