FLR(FP) Single mother of British child

[Zgohar200]

Hi Can anybody plz help me
I came to UK in september 2014 as a student and my visa expired on january 2016
I was in a relationship which ended in december 2015. i have a 3 months old baby who is british national (born in september 2016).
Now i have applied FLR (FP) 10 years parent route and private life as I am sole responsible for the upbringing of my baby
What are the chances of getting a leave to remain in this situation?

[CR001]

Please don't post the same question in so many other topics. I have split your query to its own topic.

No one can tell you if you will or will not be successful as we don't have the full circumstances of your case or what supporting documents were submitted to HO etc.

[vinny]

See also Casa's comments and British child.

[Zgohar200]

Please don't post the same question in so many other topics. I have split your query to its own topic.

No one can tell you if you will or will not be successful as we don't have the full circumstances of your case or what supporting documents were submitted to HO etc.

I have given the baby birth certificate, passports, with evidence of we both living together like GP letter,photographs, supporting letters from my friends, and few hospital letters showing exceptionalcircumstances of not applying the leave to remain in time

[Zgohar200]

N sorry I lost my post thats why submitted the same questions on few other posts
N i no longer had any relation with my ex-partner since december 2016 and i am living separately with my baby at friends home

[Casa]

It appears from your post that you have only been separated for a few weeks. Does your ex-partner have contact with your child?

You also seem to have submitted evidence of co-habitation with your partner, whereas you've applied under a category which requires you to prove that you live apart from the father of your child.

[Zgohar200]

Sorry i dont have any relation since december 2015
He came to see the baby when she was born n favored me in getting the baby's passport
And the evidences prove that me and my baby lives together

[Casa]

It may not help your case that the (I assume) British father has no involvement and takes no part in the upbringing of your child.

The Case Worker may consider that if you leave the UK the father and child won't be disadvantaged as they have no contact.

[Zgohar200]

Her father visits her occasionally but I m sole responsible for her upbringing n she lives with me

[Casa]

Her father visits her occasionally but I m sole responsible for her upbringing n she lives with me

With only occasional visits from the father and no evidence of shared custody, you may find it difficult to prove compassionate and compelling circumstances to remain in the UK if your application is purely based on being the mother of a British child.

[Zgohar200]

can u explain the shared custody?

[Casa]

Perhaps a better term would be 'shared parenting' when both parents are involved in the life of the child even though the couple are living separately.

Occasional visits by the father wouldn't be considered as shared parenting.

[Zgohar200]

Her father has not taken the responsibilty but whenever he visits he do some financial support for her but not on regular basis

[Casa]

Unlikely to be sufficient and I'm guessing that you don't have documented proof of his occasional financial contributions?

Shared responsibility is also about being involved in the child's life on a regular basis and taking part in the decisions that are made in the child's upbringing.

[Zgohar200]

Thank u so much for your help

[Casa]

Focus on providing compelling and compassionate reasons why you would be unable to return to live in your home country with your baby.

[kamsi]

I completely disagree that the HO will take the view that as the father of the child is not involved in her upbringing that the child and father will not be disadvantaged if the mother was asked to leave the UK. As someone who has been following UK immigration for over 6 years, the law favours single mother with a British citizen child. A woman with a young British child is more likely to be granted than a man who applies for Leave to remain relying on his British citizen child.

The OP should concentrate in proving that the father of the father of the child is unwilling to or shows little interest in the upbringing of the child. Once she's able to prove this I see no reason why she wouldn't be granted leave because of the parental relationship she has with her British child.

If the father is not willing to provide care for the child and the mother is asked to leave the UK, obviously the British citizen child will be made to leave the U.K. with the mother. Asking a British citizen child to leave the U.K. is clearly unlawful. There are body of case law to support this argument. Please see ZH(Tanzania) judgment.

[Casa]

I completely disagree that the HO will take the view that as the father of the child is not involved in her upbringing that the child and father will not be disadvantaged if the mother was asked to leave the UK. As someone who has been following UK immigration for over 6 years, the law favours single mother with a British citizen child. A woman with a young British child is more likely to be granted than a man who applies for Leave to remain relying on his British citizen child.

The OP should concentrate in proving that the father of the father of the child is unwilling to or shows little interest in the upbringing of the child. Once she's able to prove this I see no reason why she wouldn't be granted leave because of the parental relationship she has with her British child.

If the father is not willing to provide care for the child and the mother is asked to leave the UK, obviously the British citizen child will be made to leave the U.K. with the mother. Asking a British citizen child to leave the U.K. is clearly unlawful. There are body of case law to support this argument. Please see ZH(Tanzania) judgment.

Note in the ZH(Tanzania) judgement that the children were in education here and had already established a life in the UK and had regular contact with the father.
[They cannot] be expected to move to a country which they do not know [when this results in their being] separated from a parent whom they also know well."
This is why I suggested that as the father of the baby has little involvement in the child's life it could weaken the case. Also a 3 month old baby is too young to have established a life in the UK as in ZH(Tananzia).

For those who are interested in the Supreme Court judgement, the link from Migration Watch is below:
https://www.migrationwatchuk.org/briefing-paper/220

[kamsi]

I completely disagree that the HO will take the view that as the father of the child is not involved in her upbringing that the child and father will not be disadvantaged if the mother was asked to leave the UK. As someone who has been following UK immigration for over 6 years, the law favours single mother with a British citizen child. A woman with a young British child is more likely to be granted than a man who applies for Leave to remain relying on his British citizen child.

The OP should concentrate in proving that the father of the father of the child is unwilling to or shows little interest in the upbringing of the child. Once she's able to prove this I see no reason why she wouldn't be granted leave because of the parental relationship she has with her British child.

If the father is not willing to provide care for the child and the mother is asked to leave the UK, obviously the British citizen child will be made to leave the U.K. with the mother. Asking a British citizen child to leave the U.K. is clearly unlawful. There are body of case law to support this argument. Please see ZH(Tanzania) judgment.

Note in the ZH(Tanzania) judgement that the children were in education here and had already established a life in the UK and had regular contact with the father.
[They cannot] be expected to move to a country which they do not know [when this results in their being] separated from a parent whom they also know well."
This is why I suggested that as the father of the baby has little involvement in the child's life it could weaken the case. Also a 3 month old baby is too young to have established a life in the UK as in ZH(Tananzia).

For those who are interested in the Supreme Court judgement, the link from Migration Watch is below:
https://www.migrationwatchuk.org/briefing-paper/220

In my opinion the OP's case is overwhelmingly strong because of her British citizen child. The age of the child is immaterial:

- [ ] 11.2.3. Would it be unreasonable to expect a British Citizen child to leave the UK?

"Save in cases involving criminality, the decision maker must not take a decision in relation to the parent or primary carer of a British Citizen child where the effect of that decision would be to force that British child to leave the EU, regardless of the age of that child. This reflects the European Court of Justice judgment in Zambrano."

https://www.gov.uk/government/uploads/s ... pdf#page55

[Elliewifetoalbanian]

I disagree the age of the child is immaterial after personally recently going through the flr fp process.

I'm British born my child is British.

My husband was refused flr fp. We were told my child 10 days old could adapt and live in Albania. She wasn't westernised. She did not know English so could learn Albanian language easily. She did not know and understand a life in the UK etc. According to home office.

The judge at first tier agreed it was not unreasonable to expect the child to leave the UK. If they were older developed relationships was in nursery etc she said it would be different.

I won my appeal anyway on other grounds.

[Casa]

I disagree the age of the child is immaterial after personally recently going through the flr fp process.

I'm British born my child is British.

My husband was refused flr fp. We were told my child 10 days old could adapt and live in Albania. She wasn't westernised. She did not know English so could learn Albanian language easily. She did not know and understand a life in the UK etc. According to home office.

The judge at first tier agreed it was not unreasonable to expect the child to leave the UK. If they were older developed relationships was in nursery etc she said it would be different.

I won my appeal anyway on other grounds.

Thank you. It's always helpful for other members to be aware of the outcome of similar cases. I'm pleased you had other grounds.