need help and advice

[lovely12]

hello everyone

Im married to a british man and we have a 1 child. Im not british citizen yet.We are struggling with our relationship now, Just want to ask if it happen that if we separate and I will just leave our child in Philippines and go back here in UK to continue my work, is there any chance to get permanent residency here in UK?. Please need your help and advice..Thank you.

[lovely12]

my british husband commit serious offense in the court, if it happen that he will put in the prison, is there any chance for me to apply my residency / ILR?

[grahamw48]

Welcome to the forum. :)

Hmm...that sounds pretty serious.

How long have you lived in the UK and what passport does your child hold ?

Is your husband the biological father ?

[lovely12]

thank you graham. my husband is the biological father of our child. I live here almost 8 months now. our child is holding british and filipino passport..

Hope you can give me advice ..Thank you.

[grahamw48]

I'm not one of the immigration experts here, but certainly you will be allowed to stay here long enough to sort out your life.

I doubt you will be able to stay long enough to get ILR though, as your sponsor (husband) will presumably no longer be able to satisfy the authorities that he is able to continue to meet his commitments.

He also has parental rights over his/your child.

Someone will be along here soon with more accurate advice, but in the meantime I suggest you have a look at the UKBA website.

A few more details concerning your relationship might be useful too...obviously not too personal, but more facts.

What is your current housing and work situation here for example ?

[lovely12]

Thank you graham for the message. Im working full time at the moment. We are just renting a house..If I prove that I will not going to recourse to any public funds and be able to support myself because Im working, is it not guarantee to have a permanent residency here in UK? Hope you can enlightened me. thank you

[rusty]

There does not seen to be any guidance about if your sponsor has commited an offence but one of the questions asks if you are still living together, and give the reason why you are not.

Maybe the decision may depend on the seriousness of the crime and the length of any prison sentence.

The best advice is to contact the UKBA direct. :xxgrinning--00xx3:

[grahamw48]

I agree rusty. :xxgrinning--00xx3:

[CBM]

I have a feeling that your case will be strengthened if your child is with you in Britain.

I do understand that from a work point of view this can be very inconvenient and it is probably better for the child to be with your family in the Philippines, but I think that is the way it will come out.

The UK Courts will generally favour the mother in an application for custody; if you have custody of a child who has right of abode in Britain you will not be deported.

I'd suggest having a word with your local Citizens Advice Bureau.

[sars_notd_virus]

hello everyone

Im married to a british man and we have a 1 child. Im not british citizen yet.We are struggling with our relationship now, Just want to ask if it happen that if we separate and I will just leave our child in Philippines and go back here in UK to continue my work, is there any chance to get permanent residency here in UK?. Please need your help and advice..Thank you.

this maybe long but worth to read and understand..

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/modernised/general-grounds-refusing/leave-to-remain.pdf?view=Binary

..and also i would suggest you to go to your nearest Citizens Advice Bureau Office , they might enlighten you what to do since you said your husband has criminal offense.