Divorce in the UK while not citizen but daughter who is a citizen

Hiya, I moved to the UK on a spousal visa about a year with my husband (a UK citizen) and then gave birth to my daughter in May (making her a UK citizen).  However, shortly after her birth, I discovered that my husband had been talking to women online and sending & receiving pictures with them via his mobile.  I confronted him at the time about this and he admitted what he had been doing was wrong and apologised.  However, just two months later, and I've discovered that he is still talking to women online (and not to ask how their day was, if you catch my meaning).  I confronted him once again last night about it hoping he'd acknowledge his wrongdoing once again and prove to me that he wanted our marriage to work.  He did admit to chatting to women online again, however, said there was nothing wrong with what he had done.  Indeed, he was much more concerned with expressing his anger over me snooping on his mobile to confirm my suscipions than with saving our marriage.  We seem to have to come to an agreement that we no longer wish to be married to each other as a result.

However, I am very concerned about how the UK government will treat my immigration status once we do get a divorce.  I am not a citizen as of yet and as such, I understand that I would normally be required to leave the country.  However, that would mean taking me away from my daughter, who is a UK citizen.  Furthermore, it is a certainity that my husband would never consent for her to leave the country.  Would I be able to stay in the UK on that basis?

Furthermore, if i were allowed to stay, would i be entitled to any benefits for my daughter and self? I have always been her main carer as my husbands works and we'd agreed i would stay at home with her until she was 6 months.  Everything is in his name (bank account, car, tax credits, etc.) I have no access to money or personal transportation of my own. I'm happy to have to go back to work and put her in care but even doing that, don't think i could manage on my own. 

Any help would be appreciated. Am also planning to go to local citizensadvice bureau and council.

Garry posted some time back about proposed changes to the single parent visa...which you would need to apply for now that your marriage has broken down. You should contact him or Vicky for the specifics.

Thanks. looking it up now. Tried to search forum but never thought about using those words. Looks like I'd be in trouble under the requirement that I prove I wouldn't need any recourse to public funds though.  As I said, my husband controlls all the money.  I have to ask him for money anytime baby or I need anything. And even if I do stay with him until I've established a job, I'm not certain that would even be enough income.

Here it is:

http://talk.uk-yankee.com/index.php?topic=45651.0

But you should check with him about the outcomes.

You need to make this application anyway, and sooner rather than later.  Even if you don't think you can afford it, the Home Office cannot force you to leave and split the family up, as this would be a breach of your human rights.  You should probably consult a family lawyer about custody and financial support issues as well.

Vicky

Thanks terri. 

Yes, cuka, I am trying to gather profiles to prepare for the possibility that this visa gets amended by the Home Affairs Committee (where it is now under review).

no advice here... just thinking of how hard this must all be for you... hope you get it sorted soon.   

Sorry you are having to through that Cukababy  :\\\'( Big hugs. 

What a idiot this man must be to risk his family for jollies on the internet...

You could look at unreasonable behaviour that he has withheld money from you and your daughter all your married life and has basically kept you prisoner if you have no access to anymoney to come and go as you please, this could be considered cruelty as you are now in the situation of being destitute due to your not having any finacial support from him whilst your married and you might be entitled to some of the equity in the property as you have put money into it by having your daughter and being a house wife, just something to think about and the maintance of the home ect.

I wish you all the best and good luck with everything.

Indy and Sonya