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kingspeech7
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Post by kingspeech7 » Tue Mar 13, 2012 6:54 pm

Hi guys, pls I need ur help and advice on this. My wife n I have been together for 3 years and have been married for 2. We have a 10months old son together and she has a 5yrs old daughter from previous relationship. I was granted discretionary leave 1 and half years ago after applying from a visit visa. Since then, we have had a very shaky relationship with so many countless arguments which by all means is affecting our daughter as she picks on it a lot. We've tried councelling n now we back to normal. We talked about divorce so many times but as our son was young, I've tried everything possible to convince her that it is best to let them both grow up with us as a family but clearly it hasn't wOrked.

She wants a divorce but she promised to give me as much access to see my son n step daughter as possible as this is only best for them. Heres my question:

I earn about 26k a year and will be having a mortgage of my own very soon,
Will my 3years discretionary leave to remain be renewed when it expire or do I have to go back to my country to reapply for access to child visa? Could she fight me in court not to give me access to my Son if she wants even tho my son was born in wedlock? ( she threatened me with that before).
What are my chances?

kingspeech7
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Joined: Tue Mar 13, 2012 6:39 pm

Post by kingspeech7 » Wed Mar 14, 2012 1:43 pm

Come on guys pls help with some advice if anyone got any. Thanks

Greenie
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Joined: Thu Aug 21, 2008 8:45 pm

Post by Greenie » Wed Mar 14, 2012 1:48 pm

As long as your continue to have contact with your child your discretionary leave is likely to be renewed

kingspeech7
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Joined: Tue Mar 13, 2012 6:39 pm

Post by kingspeech7 » Thu Mar 15, 2012 9:07 am

Thank you Greenie. I had tried to search for any law in related or similar to my situation on UKBA website but found non. Thanks and God bless

Greenie
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Joined: Thu Aug 21, 2008 8:45 pm

Post by Greenie » Thu Mar 15, 2012 12:11 pm

kingspeech7 wrote:Thank you Greenie. I had tried to search for any law in related or similar to my situation on UKBA website but found non. Thanks and God bless
Discretionary leave is granted on the basis that for you to have to return to your country would be a breach of your right to a family life and or before, presumably before it was granted due to your relationship with your wife and step child, however it is no like a spouse visa/leave under the rules as a spouse where if the relationship breaks down anyone needs to inform the UKBA of this. The fact is that you will continue to have a family life here, and indeed, if you and your wife are separated or divorced, the need for you to live in the Uk to enjoy a family life with your child will be stronger.

citriaz
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Joined: Tue Jun 17, 2008 10:59 am
Location: United kindom

Post by citriaz » Mon Nov 19, 2012 1:12 pm

Hi kingspeech7,
we both have same kind of immigration issue, I have applied for FLR(O) -parent of a child, it has been three months, my case is still under process in home office..considering you might have applied before me, would you like to share what is your current situation.

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