British Citizen with child (mother overstayer)

[MalikaHalen]

Gurus,

I had a baby (born 2013) British by birth -

her Father is British Citizen by birth and the mother 'an overstayer' and we are married;

i want to know can i apply FLR (o) or (FM) and what document do i need

suggestions please

thanks

[Wanderer]

Return home and apply for spouse visa

[dalebutt]

Yes you can apply for Flr(O) or FP, you can then apply for spouse visa if you met the requirement, that is after your successful Flr(O), you can ignore the previous poster's advice about returning home to apply for spouse visa.

[MalikaHalen]

Hi dalebutt

Thanks for your reply, i was bit confused which application if applicable, FLR (O) or FLR (FM)

also my husband earning is less then 18,600, can i apply on child basis ?

thanks

[dalebutt]

There is no financial requirement to be met when applying on one of those categories, I think what you will need is Flr(fp) family life as a partner or family life as a parent.
https://www.gov.uk/government/uploads/s ... _flrfp.pdf

[Amber]

How did you become an overstayer, what was your previous status?

[vinny]

Student?

[Amber]

What benefits does your husband claim? Any disabilities?

[MalikaHalen]

Hi Amber , Vinny

Thanks for your reply, i was on student visa.

my husband is calming child benefits and income support as well.

thanks for your help.

[Amber]

Income support, for what reason?

[MalikaHalen]

Hi Amber


bec he was working with someone and they close there company, so he is looking for job now, so he is claiming income support, housing and child benefits but i am non of the above is on my name, i am not claiming any.

will this affect on my application on the basis of my child under 5 years route FLR (FP) ?

also what is different between in Zambrano and FLR (FP) application ?

i am not sure about my overstaying , will this affect on my visa application

thanks

[Amber]

I think you mean income-based JSA rather than income support. There isn't a financial requirement for FLR(FP). You can request your leave be granted with access to public funds for the child's welfare.

[kingmk]

you have a british child, so thats ok, its even easier that its for the mother. you may need a lawyer to make the application for you,, and if you are averagely good, you can make it. use the flr (fp) 5 or 10 years route. however, you MUST state categorically it will be in the best interest of the child that you are allowed stay in uk, you will need to prove you have established private life in uk, bills with your name, ref letter from family friends, photos of a happy family etc will further help. you need to satisfy ex1, and you have.

This paragraph is, for some reason (again), set out as separate heading in Appendix FM and stipulates the following:

EX.1. This paragraph applies if

(a) (i) the applicant has a genuine and subsisting parental relationship with a child who-

(aa) is under the age of 18 years;

(bb) is in the UK;

(cc) is a British Citizen or has lived in the UK continuously for at least the 7 years immediately preceding the date of application; and

(ii) it would not be reasonable to expect the child to leave the UK;
EXPERIENCE IS BETTER. I KNOW WHAT I AM TALKING ABT. DONT STRESS YOURSELF. ITS A STRAIGHT FORWARD APPLICATION.