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British Man having problems with his Wife who has a spouse visa. We have 1 year old.
#1
Hi

I would appreciate it greatly if someone could give me some advice.

I married 3 years ago to a girl from outside the EU and the marriage took place overseas. I applied for a Spouse visa and she came to join me in the UK in 2015. (I am a British citizen).

We now have a 1 year old who was born in the UK and is British. We have been having problems with our relationship for months and I doubt it will last much longer. She says she has no feeling towards with me and is constantly rude to me and depressed. She said she will not go back to her country of birth and will stay in the UK. Her Visa expires in a few months. I do not know what to do. I do not want to lose my son but will not be able to afford to pay for alternative accommodation for her and my son (she came into the marriage with nothing) as I am just about meeting my expenses currently living in 1 house.

What should I do?

What are the options?
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#2
(12-12-2017, 02:53 PM)Soh Wrote: Hi

I would appreciate it greatly if someone could give me some advice.

I married 3 years ago to a girl from outside the EU and the marriage took place overseas. I applied for a Spouse visa and she came to join me in the UK in 2015. (I am a British citizen).

We now have a 1 year old who was born in the UK and is British. We have been having problems with our relationship for months and I doubt it will last much longer. She says she has no feeling towards with me and is constantly rude to me and depressed. She said she will not go back to her country of birth and will stay in the UK. Her Visa expires in a few months. I do not know what to do. I do not want to lose my son but will not be able to afford to pay for alternative accommodation for her and my son (she came into the marriage with nothing) as I am just about meeting my expenses currently living in 1 house.

What should I do?

What are the options?
Has she mentioned separation or divorce to you?

I think you should try to resolve whatever issues that you've in your marriage.  Try marriage/couples counselling.  It could just be postnatal depression, living away from her family, etc.  

If there is absolutely no chance left to save your marriage then you'll have to make some very difficult choices.

Although, you've a short marriage, it'd not matter that she came into marriage with nothing because you do have a young child.  Both of them will mostly likely remain in the family home.  You should seek legal advice on this point though.

Don't rush into anything...
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#3
If you separate from your wife and she is dependent upon you for her family visa, then you/her will have to inform the Home Office of the change in circumstances. She would then either have to apply for a new visa or leave the UK. If your wife is the day-to-day primary carer of your child, then she would have to ask your consent to take your child out of the country (if she was requested to leave). You can refuse to give your consent. However, your wife's option would be to apply to court to request the court's permission. If your wife is the primary carer of your child, there is a good chance a judge would grant her permission. If she remains in the UK, she may not be allowed to have recourse to public funds. It would be advisable to seek independent immigration/legal advice regarding this matter. 'Don't rush into anything', is good advice. Talking the matter through with your wife rationally may also help. Keeping in mind what you both think is best for your child under the circumstances and researching both of your options will also help.
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