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Want to leave UK with child

by Sandra / Posted 01/08/2010 / Updated 02/08/2010

Please advice! Me and my 2 years old child have german nationalities. I am married to the father of my child. The father have an Ukrain natinality but have a UK visa for the next 4 years because of me as an EU member. So we decided to split and I want to go back to in Germany as I do not have anybody here to help neigher family nor friends. And my English is not well enough to get a job at my profil. Also because the child is small I don´t work so I will not be able to pay bills. But the father doesn´t allow us to leave. I said to him that he can visit him any time as he is the father doesn´t matter what is between us but he doesn´t want to. So does anybody know if I will have to stay here or will have to return to UK in case I leave through? Will that be a criminal matter? (We are not divorce yet!) And is it possible to win this process in court? Thank you very much in advance for all advices!

Responses

From Rebecca / Posted: 02/08/2010
Hi Sandra, although none of you are British, the fact that your child lives in the UK makes this their country of habitual residence, so if you were to remove your child to Germany then your husband has the right to apply to Germany through the HC to get him/her back here, even though he doesn´t have a visa to permanently remain. Mad I know! However, in four years time, once his visa has expired and he has to leave this country then you may be able to leave for Germany. In the meantime, if you were to divorce, this could affect his legal status to remain in the UK by himself and he may be subject to deportation rules, so I think you really need to contact the UK Border Agency here and find out where you all stand with your immigration status. If it transpires that his visa will be made void upon divorce and he has to leave the UK, then it doesn´t really matter if you live in the UK or Germany if he is in the Ukraine, as he will have to travel overseas to see his child etc. Start off with the UKBA and then go from there is my advice.

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