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** Divorce ** exercise access rights to a child resident in

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thewhitewater
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** Divorce ** exercise access rights to a child resident in

Post by thewhitewater » Sun Jul 20, 2014 10:18 am

Hi guys,

I am a non-EU resident in UK for last eight years on few different visas but I got married with a british national around 3 years ago and I have a 2 years child. Now our relationship is breaking down and we are seriously considering the last option of divorce. I am currently on 3 years human rights visa, which is due to renew in few months for 3 more years extension. I love my son and I can't live without him. I work full time in a office.

What will be my future?

I really need your serious advice please.

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Re: ** Divorce ** exercise access rights to a child resident

Post by Amber » Sun Jul 20, 2014 10:48 am

So long as you have contact with a British child your DLR should be extended.
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thewhitewater
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Re: ** Divorce ** exercise access rights to a child resident

Post by thewhitewater » Sun Jul 20, 2014 2:00 pm

Amber wrote:So long as you have contact with a British child your DLR should be extended.

1) What will be a procedure for divorce? Will I lose my legal work status as soon as initiate divorce or get separated?

2) How to get "access RIGHTS to child"? can I get access rights to child before proceeding the divorce?

3) How complicated or easy is to get access rights to Child?

4) Property is on name my name, what will happen to the house?

5) What will be next procedure after obtaining access rights to child?


sorry I have little or no prior knowledge of any legal system and secondly I am very stressed and worried about everything.

Your help and advice is much appreciated.

regards

Amber
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Re: ** Divorce ** exercise access rights to a child resident

Post by Amber » Sun Jul 20, 2014 3:16 pm

You should contact with the child. you'll have to talk with a family legal advisor if you are going to have problems with the Mother.

Your leave should not be curtailed as you may still qualify for DLR by virtue of contact/parental responsibility with a British child.
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thewhitewater
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Re: ** Divorce ** exercise access rights to a child resident

Post by thewhitewater » Sun Jul 20, 2014 3:59 pm

Amber wrote:You should contact with the child. you'll have to talk with a family legal advisor if you are going to have problems with the Mother.

Your leave should not be curtailed as you may still qualify for DLR by virtue of contact/parental responsibility with a British child.

but I want to prepare myself for the worst future which may happen shortly.

We are still living altogether and I love my son, I am trying to spend more time in relationship so my child does not suffer due to our relationship breakdown. My friends are suggesting me to get next three years extension first (as my wife still wan to stay in marriage) before we decide the future of our relationship but I dont know if things will work right. I feel like i am falling in depression every day.

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Re: ** Divorce ** exercise access rights to a child resident

Post by Obie » Mon Jul 21, 2014 1:13 am

If you divorce , and you continue to contribute to your child's life and she write a letter of support attesting to this and showing how you contribute to your sons life, then you will qualify for a 30months leave. Either 10 years or 5 years, depending on your financial position.

I am assuming you were granted DLR because of the relationship with your wife, is that correct?
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Re: ** Divorce ** exercise access rights to a child resident

Post by Amber » Mon Jul 21, 2014 6:27 am

DLR can be extended insofar as the changes are not significant as the OP will still be relying on family life albeit a child instead of a spouse it should be extended. To swap to leave under FLR(FP) would set the OP on a new course of settlement with no access to public funds!

It could not be 5 year route under FLR(FP) unless the OP had sole responsibility, access rights issued by the court or the child normally lives with the OP.
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thewhitewater
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Re: ** Divorce ** exercise access rights to a child resident

Post by thewhitewater » Mon Jul 21, 2014 8:05 am

Obie wrote:If you divorce , and you continue to contribute to your child's life and she write a letter of support attesting to this and showing how you contribute to your sons life, then you will qualify for a 30months leave. Either 10 years or 5 years, depending on your financial position.

I am assuming you were granted DLR because of the relationship with your wife, is that correct?
What do you mean by 30 months leave and 10-5 years my financial position? Can you guys be little more easy with your language please? I dont have any prior legal knowledge.

Simply, you mean, It it going to be another big disaster in my life and I will never get PR and I should start packing myself and leave my ONLY son behind forever or live a very stressed life in United Kingdom!

Yes, OBIE, my current stay (Human rights) was due to my current marriage.

thewhitewater
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Re: ** Divorce ** exercise access rights to a child resident

Post by thewhitewater » Mon Jul 21, 2014 8:08 am

Amber wrote:DLR can be extended insofar as the changes are not significant as the OP will still be relying on family life albeit a child instead of a spouse it should be extended. To swap to leave under FLR(FP) would set the OP on a new course of settlement with no access to public funds!

It could not be 5 year route under FLR(FP) unless the OP had sole responsibility, access rights issued by the court or the child normally lives with the OP.

I can see hints for another nerve breaking court battle.

What do you mean by NOT BE 5 years route?

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Re: ** Divorce ** exercise access rights to a child resident

Post by bob-russell » Mon Jul 21, 2014 3:50 pm

Not an expert in your situation but if you have further leave to remain as a spouse , you do not have access to public funds. I assume with discretionary leave extension this might be different, I don't know.

As a spouse you can apply for ILR after 5 years but as a non-spouse would have to continue to extend your leave to remain until you have been in the UK for ten years.

Hopefully someone more knowledgeable will come along soon but this may be a start (in simple terms!).

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Re: ** Divorce ** exercise access rights to a child resident

Post by Amber » Mon Jul 21, 2014 7:51 pm

Yes, you should refrain from commenting when you don't know.

DLR allows access to public funds and is a 6 years route to settlement, note it was scrapped for FP in July 2012.
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thewhitewater
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Re: ** Divorce ** exercise access rights to a child resident

Post by thewhitewater » Wed Jul 23, 2014 9:52 am

Amber wrote:Yes, you should refrain from commenting when you don't know.

DLR allows access to public funds and is a 6 years route to settlement, note it was scrapped for FP in July 2012.
Amber what do you suggest me in this hard time?

can you please write me in simple english PLEASE...

whats best way forward for me.....?

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Re: ** Divorce ** exercise access rights to a child resident

Post by Amber » Wed Jul 23, 2014 5:13 pm

I've given the details of what I believe would be the best, if you want to try and work out the relationship with your spouse that's up to you.
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thewhitewater
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Re: ** Divorce ** exercise access rights to a child resident

Post by thewhitewater » Thu Jul 24, 2014 12:01 pm

Amber wrote:I've given the details of what I believe would be the best, if you want to try and work out the relationship with your spouse that's up to you.
is that mean,

I will be able to continue to job as usual,

I will still able to get get extension to my DLR,

I will still able to get PR after six years of DLR,

I can wait for my next 3 years extension before I make a final decision about either way, live or leave.

Otherwise things look more messy and complicated!

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