flr fp parent of a bristish child.

hello everyone my name is reuben. il start by briefly describing my immigration history and ask some questions which i humbly request that anyone and/or gurus help me out.
icame to uk on a tourist visa on july 2013 and made an application based on my eea brother in feb 2014 as his efm. it got refused cos there wasnt enough evidence of prior dependency and made another one later that same year and still got refused.iwent to court for an appeal and lost the appeal.all hope was lost until my girl friend fell pregnant and eventually had our son who is 6 months now and i have therefore made an application based on my son this jan 15 and has since got a letter and a bio letter n its all done n waiting for response.
my question now is that before the birth of our son my girl friend and i have been broken up and even though she has helped got my son a british passport upon which imade my application she is now threatening not to renew our sons passport if it expires and the truth is actually her mum applied the passport as she wasnt eligible herself because shes an eea but her mum was able to prove treaty rights.it seems a bit confusing i know. also as we know that flr fp takes 10 years to get ilr iam wondering if its possible to extend my visa if its granted after my sons passport expires. also is it possible to switch from 10yrs route to 5year route on a parent visa provided imeet all requirement of appendix fm with a direct access to child.thankyou looking forward for your replies and please let me know if ineed to clarify something bit more. thanks again

Do you have a Court order awarding you access to your child? I don't know why you think that if his passport expires he is then no longer British.

Reus wrote:

Casa wrote:Do you have a Court order awarding you access to your child? I don't know why you think that if his passport expires he is then no longer British.

Any reason you've posted my quote without replying?

hi casa thanks for quick reply. i dont have a court order to my son, i just had an arrangement signed by both my ex partner and myself which i have used for my first soplication. i know he doesnt stop being a british citizen when his passport expires but my only concern is as you need to supply supporting evidence at that time and his passport would have been expired can i still submit it as expired and they will still consider it.

sorry for reposting your comment as im new and getting used to the whole thing on here. sorry.

That's OK, it can be confusing at first. I'm not sure that an informal agreement between you both would be sufficient. Your ex-girlfriend could change her mind. You say that your girlfriend isn't exercising her Treaty rights, but her mother is. This may complicate your application for FLR(FP) further.

thanks for reply casa, sorry im bit confused when u say it will complicate flr fp further. do u mean extension at which ever stage or the 3rd extension when my sons passport must have been expired. also the arrangement was initially a letter she wrote to support my application plus a parental agreement which we both signed detailing how our shared responsibility will take it form. the lawyer iused said either she swore an affidavit or a mere letter was enough just as the guidance request and that the most important part is explaining the shared custody to them.also remember i have applied for the first 2.5 years and waiting for response but i hope to go to court for a proper access to my son if the first one is issued. thankyou.

hi casa, also if you say its informal idont understand because as the guidance request that my access to my child can either be agreed by other parent or court.in my first application i have used agreement by other parent so ithink its bit formal for ho to consider.but like isaid if its issued for the first time il try get a court order for the other extensions. And my main worry is still based on the fact that she/her mum got my son his first passport and if she doesnt renew it in 5yrs time can it be possible to still go ahead with my extensions assuming his passport is expired by then and not renewed by her.
Correct me if im wrong but about the treaty right like isaid her mother was used to grant my sons passport as my ex parnter has refused to go for her permanent residence.shes just not bothered.but also the guidance does not necessarily require me to prove my ex partners indefinite residence if the child lives with her.it only requires supposing the child lives with me.ihope thats bit clear?
And finally if God willing the first 2.5 yrs is issued and ican meet all other apendix fm requirement later can iswitch from 10yr route to 5 on the parent visa.thankyou.

I'd wait to see if your appeal allows your first application before you worry about the second. I suggest you follow your lawyers advice, that's what you're paying them for and they have a better understanding of all issues involved. If you don't trust the advice they are giving you, then find another legal advisor.

thankyou for your answer. finally is the switch even possible? thankyou.

Reus wrote:thankyou for your answer. finally is the switch even possible? thankyou.

The reason I've suggested that you should be guided by your lawyer is because your complex case raises too many questions. I certainly can't say whether your application will stand any chance or not.

Alrite casa. il be back at this post after the response from ho on my first application.
its exactly 2weeks isubmitted my bio so fingers crossed.once again thanks for all your kind replies.

hi to all,
please can someone re-direct me to where ican see 2016 timelines for parent of a british child visa applications. i have searched and havent seen anything for 2016.
Lastly im currently waiting for response from ho and its been 4weeks after biometrics being submitted and how long does it usually take? thanks

There isn't a specific timeline for FLR(FP) parent route. There is an FLR(FP) general timeline, which has pretty much become more of a discussion topic.

4 Weeks is not long, these applications can take many months.

thanks for your quick answer cr001.
il look for the discussion on that then and really many months?
Thats no so good for me atm. im having issues with my brother who is my sponsor and ifear it might ruin my application. is it possible to change sponsor mid-way and how bad can it affect the application if idid. thanks.

What do you mean by brother sponsor? Are you on a EEA extended family residence card?

I don't understand your last question if you have submitted an application based on your British child.

And what do you mean by change sponsor? Change sponsor to who?

CR001 wrote:What do you mean by brother sponsor? Are you on a EEA extended family residence card?

I don't understand your last question if you have submitted an application based on your British child.

And what do you mean by change sponsor? Change sponsor to who?

Trawling back through previous posts it appear that the OP originally made an application as family member of his EEA brother...which was refused at appeal.

@cr001, @casa is right. when i first came into uk imade an efm application for rc of eea(my brother,my sponsor). it was refused twice and until ifinally had a son who iwant to make an application based on and this time thru immigration rules.
Now because ihavent been working all this while apparently im requires to prove adequate maintenance and accommodation which is where my brother/sponsor comes in even in my flr fp.
At this minute we having issues and he has threatened not to support me mid way through my application and therefore my question about getting someone else to give me accomodation and help prove adequate maintenace.basically getting different person to support me.thanks

Your brother can't sponsor you financially for a FLR(FP) application under UK Immigration Rules.

thanks for ur answer casa,
i want to know how then do i prove adequate maintenance and accomodation as im not allowed to work and have been depending on my on my brother ever since.

I don't have a solution for that I'm afraid.

hi casa and all other gurus/forum members,
imade an flr fp parent of a british child route application for leave to remain and finally at the point where the case worker requires that isubmit further documents which are
1. sons birth cert
2.ex partners passport to confirm her signature on an initial letter sent that confirms my contac
3. council tax bill
4. letter from sons gp, nursery etc to confirm what contact ihave wiv my son.
My issue is ihave got all documents except for #4 which is proving difficult to get as gp doesnt want to issue letter solely cos im not registered as same gp as my son. note idont live on same address wiv my son. as idont have papers icant even register gp in the first place for this to be issued. please iwant ur thoughts on the way forward as ive got deadline by 12th may. thankyou

hi everyone, pls ineed advice on these. thankyou.
imade an application for leave to remain on a 10year route based on my british child.i have been granted leave on the 10yr route.pls iwant know
1. on my renewal if my childs british passport is expired can istill make a valid application with it?
2.if iwas to get a continous work payslip and bank statements for 6months+ and also take my english language test before my leave runs out can i apply to switch from the 10year route to the 5year parent route to settlment? thankyou.

Hi. Congrats to you Can u Lat as bet moor about u plz.