Desperately need advice for my non EU citizen friend.

[Lottiebugz22]

Hi

My friend is not an EU citizen but she is married to a British man. She has a son who was born in Britain.

Unfortunately she is considering divorce due to her husbands behaviour he is not a nice guy to say the least and he has told her she will lose her son to him as she is not an EU citizen. She has 5 years left yet on her visa thing. Or whatever it is. Sorry I'm not clued up about this sort of stuff hence why I'm trying to get advice on here.

Anyway the poor woman is terrified she is going to lose her son if she divorces or leaves her husband. I don't see why she wouldn't get custody as her son was born here so doesn't that automatically give her citizenship?

Any advice would be brilliant.

Women's aid. You say he's not a nice man so I'm assuming some kind of abuse?

Having a child born here does not confer citizenship on your friend (although the child qualifies with a British father). You don't say how long she has been married/living in the UK but she might be able to apply for citizenship (naturalisation) if she's been married and living here for at least 3 years. I'm sure someone with more expertise will be along soon.

Oh she's got 2 years left I mean on her visa thing. She got it for 5 years and has been living here for 3. How does she go about applying for naturalisation?

He's emotionally abusive and he's actually under DAPP for his last partner.

Your friend needs to see an immigration lawyer. It's a criminal offence for anyone who is not approved to do so to give advice of this sort. (individuals included)
www.lawsociety.org.uk/

You don't need an immigration lawyer - although if OP's friend's case is complex it might be advisable. The Home Office website explains how to apply for citizenship. It's not a state secret www.gov.uk/apply-citizenship-spouse

It isn't citizenship she needs it is residency, to which she is entitled. www.gov.uk/apply-for-a-uk-residence-card/eligibility

Sadly not everyone has the financial ability to even have a ten minute chat with an immigration lawyer let alone employ one to fight their case.

Whilst it is an offence to provide unregulated immigration advice. It is no more an offence to direct people to a source of government information in order to assist themselves- than it is to direct them to a website for the law society .

Rights of Women can advise on immigration and family law:

rightsofwomen.org.uk/get-advice/

www.citizensadvice.org.uk/immigration/stay-in-uk/visas-after-a-divorce/