Please can you advise me

SAA · Post by **SAA** » Mon Jan 21, 2008 3:16 pm

Hello,

I would appreciate it, if anybody could help me. I can not understand myself.

I am a non EU citizen.
The question is about getting visa under 248A Immigration rules.
So, if I am married to an EEA citizen and got a visa as the spouse of a person present and settled in the UK (the documents for 5 years living in the UK were provided). I did not apply as the family member of a EEA citizen.
My spouse has not changed his nationality since then (he is Portuguese). Under what law can I switch my visa to have an access to my baby (she is British)
( 248A Immigration rules or 10 'Family member who has retained the right of residence" The Emmigration Regulations 1995) ?

Our marriage was registered in London 1,3 years ago.

Our marriage is breaking down

but I can not live with this person anymore

Under what law can I apply ? Help me please

vinny · Post by **vinny** » Tue Jan 22, 2008 12:14 am

See also 248A and

Chapter 7 - Other categories > Section 1 - Persons exercising rights of access to a child resident in the United Kingdom and Annex A - Background note and

kate4888's entry clearance as a parent - definative word on section 246 regarding evidence.

SAA · Post by **SAA** » Tue Jan 22, 2008 8:00 am

Thanks Vinny for your reply!

Can I just clarify. If I apply under the Immigration rules, at what stage do I have to switch my visa ? I mean, whether it must be done while I am separeting and getting a Court Order for the baby or I need to apply once I am divorced (after getting the Decree Absolute). As a EEA member I would need to wait until I am divorced, but how does the Immigration Rules apply here ? I am really confused.

And I can not decide myself whether I have to come back to my country until my new visa is granted or I can remain in the UK waiting for it.
As I understand, once I am separated my spousal visa is invalid. Do I have to inform the HO about it or I can just apply for a new visa ?

I am sorry for asking so many questions. I just do not want to break the law.

Thank you

vinny · Post by **vinny** » Tue Jan 22, 2008 9:31 am

If you hold a spouse visa endorsement, you may apply under 248A from within the UK (248A(vii)). The requirements are apparently very strict. Suggest that you carefully read through the above guidelines. Contact kate4885 for her experience.

SAA · Post by **SAA** » Tue Jan 22, 2008 11:53 am

Thanks !!

I'll do that

vinny · Post by **vinny** » Wed Jan 23, 2008 11:15 am

See also 246a SUCCESS access rights to a child resident case

SAA · Post by **SAA** » Wed Jan 23, 2008 10:42 pm

Thank you Vinny!

It these information helped me so much, I did not even know where to start.

Immigrationboards.com: Immigration, work visa and work permit discussion board

Please can you advise me