Really need advice in family law pls...

[Thay]

Hi there, so thats the situation,my sister got pregnant with her partner and she lives in the uk,the thing is that he is an ignorant an violent man, and she is willing to split,how does things works,like;she doesnt want to stay in the country because she doesnt have visa for it because they didnt got married her visa expired and they just didnt bother.But she cant just go back to her home country wid the baby he is about 4 months,as he has the right to stay close to his dad,and her partner wont let her go away with his son anyway.She asked me what to do,as she says she doesnt like or want to be in this situation in the country,but its not just up to her.
any help?

you need to speak to an immigration specialist but as the baby has a UK father i would imagine you can apply for a british passport for him (is he named as the father on the birth certificate). your sister should then be able to apply for residency on the basis of being the mother.

She said so,yes, he signed the Birth Cetificate.

Is your sister Portuguese too? if so, no visa needed.

NO..SHE Is half sister like not from my dad..

she is saying here that shes going to back to south america where my mum lives with her dad,but i said dont go,because her ex is going to say she stolle his son.

She needs to go to the Citizens Advice Bureau and ask for an interpreter if she needs one.

She needs to tell them about the abuse and to try to get them to help her get away from him.

Women's Aid also have advice in Spanish on their site.

Thay, you posted about this the other night didnt you? So is it you, or your sister?

People will always be willing to try and help, but its difficult when there are inconsistencies like this.

www.mumsnet.com/Talk/am_i_being_unreasonable/1159747-for-wanting-to-split-wid-DP

Thay, Ultima chance...

No-one here cares whether you are portuguese, really, or Brazilian/Angolan/Mozambican etc. Your/Your sister's legal situation in this country is not our concern.

If you want us to help you, you have to give us the information on the problem you have, and be as honest as possible without identifying yourself.

If you are illegal, we will advise you to contact authorities and try to sort that out. If you/your sister has a child here with a man who has the right to be here, is resident/citizen, the chances are that should you/your sister will gain the right to stay on the basis of the relationship with the child.

If the father is abusive then you/your sister may need protection/help.

In all instances, you need to go to the CAB, contact Woman's Aid,Language guides here and they will help you if you can.

Failing that, you could contact your Embassy for advice. If you/your sister wants to go home, and is concerned about the father pressing charges, you need legal advice, along with knowledge of rights of extradition etc.

Nao te preoculpe!

FWIW, I learnt brazilian portuguese myself in about 6m to a year. I learnt it in Sao Paulo, but then picked up the southern Gaucho accent, from mixing with southerners.

Had I stayed in the North East, I'd have been white as snow but with a Baihan accent, which would have been attracted much pointing and laughing at the time tbh.

If OP has picked up her english with those that coin phrases such as Ya Nah wa ah meeen and innit, wid etc, then how on earth is she going to have english to rival Helena Bonham Carter?

I give this thread one more chance, and let's see what happens.

The best place for this query is in the legal issues forum. And I agree with others that you need to be as honest as possible otherwise the advice you get may be incorrect.

However, on the information you have posted the father has parental responsibility. That means the child cannot be taken out of the country without his consent, even for a holiday. If the mother takes the child out of the country the father can report her for child abduction, I'm afraid. If he will not consent the mother would need to get a court order to allow her to take her child out of the country.