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My name is [Data Withheld]. I'm married to a British man and we have a 4 year old son. My husband is in Ireland at the moment. I and my son are in Vietnam. We would like to take my son back to England to study there. He should attend the primary school this September Unfortunately my husband is not qualified to sponsor for me in term of financing. We are separated but not yet divorced. I would like to ask if I can stay in England with my son without my husband's sponsorship or not. If yes then do I need to get a divorce first, go to England under visitor visa then apply to stay or can I apply it from Vietnam. My boy is British citizen. I lived in England before when I studied for a master course in Finance.

Our Response

Hi, You may have a right under the EEA Regulations that is if you meet certain conditions. As the mother of your son who is British, he has rights to reside in the UK not be deprived of it.

You stated that you are a national of Vietnam and that you currently reside there with your son. You also stated that although you are not officially divorced, you are separated with your husband who is British.

Under the EEA Regulations, you may reside in the UK if you are the 'primary carer' of your son who must be residing in the UK and would be unable to reside in the UK or in another EEA state if you were to leave the UK.

In order to be considered a 'primary carer', you must have responsibility for the day to day care of your son including making decisions on his health, education and finances. It is ideal that you have the legal custody of your son. You stated that your husband is unable to support you financially. We need more information as to whether or not this extends to your son and that you alone is responsible for him financially.

If you do have sole custody, you may apply for a "family permit" in order to enter the UK. However only if your son is already present in the UK. In these circumstances, it is best for you to apply for a visit visa first and once you are both in the UK, you may then apply for a residence card.

How we can help

Our specialist immigration solicitors are experts in the field of visas and their applications. We can project manage the whole process ensuring that your application is fully compliant with the eligibility criteria and all documentary evident. If you need more help on either a sponsorship visa or an EEA family Permit or to bring your children to the UK to school, you can contact us for a initial review of your case over the phone which is free and if you decide to meet us or decide to move forward with us, you can contact us on 020 3744 2797 and email us on info@reissedwards.com.

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