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Where Family Law can meet Immigration Law

Posted
February 22, 2013
Family Law

At first glance, it would appear that these two areas of law would have no common ground at all.  However, there are certain times when they can become intertwined.

For example, parents who are not British citizens, but who have established a family life in the UK can apply for leave to either remain or enter the UK.  One ground on which they can base their application is to exercise their rights of access to their children who were born and live here. Family solicitors can assist with these applications by providing advice on obtaining a contact or residence order, which would entitle the parent to access to their children.  Alternatively, they can prepare statements from ex or current partners / spouses domiciled in the UK, confirming that you have access to the children of the family and explain the arrangements that are in place. In addition, those who are seeking to leave the UK and re-establish themselves and their children abroad, but without the consent of an ex-partner or spouse will need to start court proceedings for permission to remove the children.  In order to be successful, the applicant must satisfy certain criteria before the court, demonstrating that their plans to relocate are well thought out and do not undermine the best interests of the children, particularly regarding the level of contact they will have with the non-resident parent. Here at stevensdrake, our Family team can advise you on the merits of making these types of applications.  

We also have ties to local Immigration solicitors, with whom we often work closely on these related matters to ensure that the client receives the best service possible. For more information, please contact Hana Khodabocus or Peter Alison on 01293 596900.

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