Married to BC, problems, kids

I married a British Citizen in 2011 and I got my spouse visa which expired in 2013.I applied for an ILR but I used the wrong form and I was issued another 2yrs spouse visa expiring next year(2015).When I complained the home office asked me to reapply and make another payment.But I decided to leave it till next time.We have 2 kids under the age of 3 but we are having serious problems right now and we are no longer living together under the same roof.She is doing her best to misrepresent me and lie to portray me in bad light.Also,she has checked the HO website to see how it affects my stay in the UK.
I work at the moment and I fully support the family and I have proof .We are yet to officially separate or divorce but it's definitely happening.
I have passed life in the UK Test 2 years ago, MBA from a UK University,2 different Post graduate Diplomas,Pearson Test of English with flying colours.
Please will this affect my ability to work as I'm sure she must have informed the HO about our marital issues and the fact that we are no longer together?
Am I required to inform the HO about our marital issues and the fact that we are not living together as the HO website said to inform them about any separation or divorce once it happens.
Will this affect me when re-applying next year for an ILR at the expiration of my visa as am not too sure of her co-operation?I have been in the country for more than 5 years.
Please I need to know.Thanks for your help!

If you are on a spouse visa, then you will not be able to apply for ILR on that basis if the marriage is not subsisting. If your wife informs HO of the change in circumstances, your visa could be curtailed.

But I have 2 kids and have shown great parental responsibility.We are not divorced or separated yet.Please What is the best solution right now?

If you are not living together under the same roof, then you are separated. Separation doesn't have to be a court application.

You should have applied for ILR as soon as you could after the last application using the incorrect form.

If you are not able to at least reconcile or go through mediation/marriage counseling, then have a look at FLR(FP) form and guidance, might be an option for you as you have children, who I presume are British.

Thanks for your contribution.Yes my children are British,but my wife has refused the option of a mediation/counselling saying It is a desperate attempt by me to stay in the UK .
If she reports me what will the HO do?Can they come to my place of work and arrest me ?

then have a look at FLR(FP) form and guidance, might be an option for you as you have children, who I presume are British.

https://www.gov.uk/government/uploads/s ... _11-14.pdf

https://www.gov.uk/government/uploads/s ... _11-14.pdf

Thank you so much for all the help and support so far.I intend to apply soon using the FLR(FP) form for a 5 year route as suggested as my partner has made it abundantly clear that she will not be supporting my next application.Though,we are still living together with our kids but as strangers.We take turns to look after the kids whilst we work and share the bills equally.I have lived in the United Kingdom for the past 5 years.
I have some questions though?

Do I need to inform the HO about the change of circumstance when applying as my visa is about to expire in some months time?
Do I have to write the Life in The UK test again as I passed almost 3 years ago?
Do I have to write another test for English Language proficiency as I passed about 4 years ago as well and I also hold an MBA from a Uni here in the UK?
What else do I have to do to do when applying?

Please will appreciate a quick response.Thanks

I don't think you will qualify on the basis of the children , as you are living with them in the same household.

You are highly unlikely to qualify under the 10 years rule, nevermind the 5 years rules.

The best you can hope for is leave outside the rules.

You will need to seek legal advise on your entitlement.

Obie, I don't think that the issue is that he is living with the children. His problem as I see it is to be able to proof that she is NOT in a relationship with the lady.

I meant to proof that HE is no longer in a relationship with her.

hopeful2003 wrote:Obie, I don't think that the issue is that he is living with the children. His problem as I see it is to be able to proof that she is NOT in a relationship with the lady.

Well if he was in a relationship with the lady, then he will qualify, and there will be little sense in denying the existence of their relationship, in circumstances where it will only hinder him..

The problem as I see it, is that the rules provide 2 basis in which a person can qualify under the parents route.

1. Child life with the other patent who is present and settle and the absent parent does not have leave, but has access to the child living with the settled person.

2. Child leaves with the person seeking leave rather than the person present and settle.

But on this occasion child appears to live with both, and I am concerned if he will qualify in those circumstances.

I think that your point is similar to mine. I was looking at it from the angle that He MUST NOT be in a relationship with her in order to qualify for the parent route. Either way he MUST be separated from her in order to qualify for the parent route.

hopeful2003 wrote:I think that your point is similar to mine. I was looking at it from the angle that He MUST NOT be in a relationship with her in order to qualify for the parent route. Either way he MUST be separated from her in order to qualify for the parent route.

You are perfectly right . I agree with you on that.

I was proceeding ob the basis of satisfying the decision maker that they are indeed not in a relationship . Which is quite a hard thing as it is hard to prove the negative

I agree, it's harder to prove that a relationship has ended where the couple live together. However, a statutory declaration from the partner to say the relationship has ended and the reasons they continue to live together is for example, a financial one (can't afford to move yet), should help.

Thanks for all your responses.We have been married legally according to the laws of this land since 2011 .However,the reason we still live together is because I look after the children whilst she works for 3 days and she looks after them when I'm working .Also,house is very close to work for me.We share the bills almost equally with me taking up the most of it.Maybe,I will apply have to apply for ILR then.Please what proof do I have to show that I'm also financially responsible for them.

I have been living here since 2009 and married to a British Citizen,I intend to extend my stay using the FLR(FP) route as I have two kids who are British Citizens,please do I have to pay the IHS fee when applying as I live and work here and Im currently seprated from my wife?

Winner2012 wrote:I have been living here since 2009 and married to a British Citizen,I intend to extend my stay using the FLR(FP) route as I have two kids who are British Citizens,please do I have to pay the IHS fee when applying as I live and work here and Im currently seprated from my wife?

What is your current status and immigration history.

Most likely, yes, you need to pay the IHS fee.

Topics merged.

I recently applied for the 10 year parent route using the FLR(o) in October 2015 as my wife refused to sign my SET M form. I submitted every document that I could lay my hands on.Last December I moved to a new address and I got a letter asking me to provide further information that I live ve with my kids or my application will be refused.I got letters from my daughter's school and the agent which was sent to the case worker.Even the school manager told me that she emailed her to confirm those information.To my shock and suprise she refused my application and varied my leave and gave me 30 months and it said I cant travel based on this descision.
I believe she exercised her discretion wrongly.Please advise

What were you expecting?

The prohibition against travel seems odd.

@Winner2012 there is no need to post your same updates twice.
Kindly refrain from doing so.

If members can help they will read your update & respond accordingly.

How can I challenge the ban on travelling as I find that quite arbitrary and mean?

Winner2012 wrote:How can I challenge the ban on travelling as I find that quite arbitrary and mean?

As Vinny has said, the travel ban is odd. Can you post the exact wording?

You applied for leave to remain under the 5-year Parent route on the basis of your family life with your British children .However,your application falls for refusal within the immigration rules.
You fail to meet the requirements of paragraph E-LTRPT 2.3 as you do not have parental responsibility for your children and it is noted that your children live with you as well as their other parent.Furthermore,since their other parent is also your partner,you are eligible to apply under the partner route,although you decided not to do so.As you fail to meet the Immigration Rules,you cannot be granted under the 5 year or 10 year Parent route.
However,a decision has been made to grant a period of leave outside the Immigration Rules on an exceptional basis.-please see sepration letter
You are not entitled to appeal this decision .Section 82 of the Nationality and Asylum act 2002 does not provide a right of appeal where an applicant still has leave to enter or remain in the United Kingdom and so is entitled to stay here
You have been granted permission to stay untill 4 August 2918.Please ensure you understand the conditions of your stay.
You are not required to leave the United Kingdom as a result of this decision .

On another separate letter they wrote this :

Thank you for your application for leave to remain in the United Kingdom.Your application for limited leave to remain as a parent on the basis of your parental relationship with your children has been considered.
You do not meet all of the Immigration Rules for a grant of leave under R-LTRPT 1.1 (c) and (d) of Appendix FM or Paragraph 276 ADE (1)Please see separate refusal notice.
Consideration has been given outside the Immigration Rules and due to your particular circumstances that you have a parental relationship with your British children it has been decided to grant a period of leave outside the rules on an exceptional basis.