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Topic: ccan i do anything?  (Read 635 times)

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ccan i do anything?
« on: June 21, 2017, 07:30:22 PM »
My wife has taken my child out of the country to Pakistan. I am also a Pakistan national and have no contact with the child but would like to arrange contact and order her to bring my child back. Can I as a non British citizen apply for an order from the court?

My spouse visa finishes next year. I am on 33 month stamp.


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Re: ccan i do anything?
« Reply #1 on: June 22, 2017, 10:51:38 AM »
My wife has taken my child out of the country to Pakistan. I am also a Pakistan national and have no contact with the child but would like to arrange contact and order her to bring my child back. Can I as a non British citizen apply for an order from the court?

My spouse visa finishes next year. I am on 33 month stamp.

If your sponsor has returned back to your (and her?) country with your child, I''m not sure where that leaves you as your spouse visa was to join your wife in the UK. You are meant to be living with your sponsor. As you seem to know, you won't be able to renew this visa next year if your wife doesn't support your application.

If the marriage has broken down, then she and you have a duty to advise UKVI. If your wife has already done this, this can result in your visa being curtailed as you have lost your sponsor. Have you already received a 60 day curtailement letter?

Were you looking at trying to use your child lviing in the UK, to secure your stay by using the 5 or 10 year parent route, if your wife withdrew her sponsorship of your spouse visa? That visa only allows you to be with your child in the UK as long as you can prove you have a relationship with your child i.e. regular contact with them, and you said you don't have any contact with your child even though they are in your own country. And as you seem to know, the child must also be living in the UK.


You need to take legal advice and it could be that your wife has already taken legal advice.



« Last Edit: June 22, 2017, 06:26:25 PM by Sirius »


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Re: ccan i do anything?
« Reply #2 on: June 22, 2017, 11:42:19 AM »
I haven't received a curtailment yet as my wife does not know my address. I think she probably already inform Home Office. I want to have genuine relationship with my child but in the UK. She has taken the child without my permission - do I have the option of applying to court to order her to come back to the UK with my child?


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Re: ccan i do anything?
« Reply #3 on: June 22, 2017, 06:13:47 PM »
I haven't received a curtailment yet as my wife does not know my address. I think she probably already inform Home Office.

You are meant to inform UKVI if you move. They may have alredy sent a curtailment letter to the address they hold for you. You not receiving that letter, does not mean that your visa will remain valid. You might want to contact UKVI to see if they have given you a 60 day curtailment notice and if they have, the date you must leave the UK by to avoid being an overstayer.

I want to have genuine relationship with my child but in the UK. She has taken the child without my permission - do I have the option of applying to court to order her to come back to the UK with my child?

It seems that you are all Pakistani nationals and your wife and child are back in your country? I assume the courts will say that you could move back to your country if you wanted to start a genuine relationship with your child, that you soon might not have a visa to live in the UK and will then have to return to the country where your child is living, that you don't have any relationship with your child.

I can't see how it is possible for you to make them return to the UK as your spouse visa is going to end and you have lost your sponsor, just because you want to use your child to try to get a visa to remain in the UK. You could try asking a solicitor and see what they say.
« Last Edit: June 22, 2017, 06:35:28 PM by Sirius »


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Re: ccan i do anything?
« Reply #4 on: June 27, 2017, 11:24:00 AM »
yes, we are all from Pakistan


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