Complex Family Member situation - Parent of a British Child

Hi all, can anyone please advise on my situation?

I'm a Brazilian national and I have been in the UK for 6 years - 3 year on a Tier 4 and 3 years on a Tier 2. I have a British degree and was working at a British company before being made redundant on 31st July 18. The employer notified the Home Office and I received the curtailment letter on 27th November 18. They have given me until the 29th January 19 to leave the country.

However, 2 days before receiving the letter I found out I was pregnant. The father of my child is a British citizen however he has abandoned me since finding out about the pregnancy. He has since been verbally abusive and has tried by all means to coerce me to have an abortion. He did not offer emotional support, dissed me to his family and friends and said he will offer no support whatsoever if I decide to have the child.

I would like to have my baby as an abortion would carry health risks because of my medical history and I'm attached to the baby and happy with the idea of being a mother. However, I don't want to return to Brazil as I have lived here for years and I come from a small town which would limit my career opportunities and my child's life quality.

I therefore looked into the Parent of a British Child visa. I know that I need to give birth in the UK and I'm planning to apply for a Tier 4 and study a masters (something I already intended to do anyway) during the pregnancy. I would then be able to stay in the country legally until my due date which is the 28th July 2019. However, the baby's dad and his family is showing no interest in having a role in the child's upbringing.

So 1st question: Do you think the lack of involvement from the father and his family might compromise my visa application once the baby is born? Does he/his family need to support my application in any way?

I also noticed there's an income requirement for the Parent of a British Child visa. I'll be able to work 20hrs a week on the Tier 4 and therefore my income will be limited. I have a good amount in savings though from the redundancy pay I received in July.

2nd question: what's the minimum income required for the Parent of a British Child visa and what would happen if I could not meet it straight away? With a visa that allows me to work and my mum's support to look after the baby I would be able to make the income I used to make before redundancy which is more than enough to provide for a child so I would not be recurring to public funds.

Thank you all for your help.

Being pregnant or having British child doesn't give guarantee of getting any visa. Your case seems very complicated and your savings might end up in heavy legal fees. Change of circumstances especially during your visa curtailment period might trigger high scrutiny. And under UK law no allegations can be believed without solid evidence/witness.

Thanks for your reply but you didn't answer my actual questions. What do you mean by "And under UK law no allegations can be believed without solid evidence/witness." Do you think I would need to provide evidence that I fell pregnant by accident? This sounds unlikely.

Once you are able to register your baby as British you will be able to be his primary carer and parent. You will make sure the father's name is in the birth certificate. His not offering emotional support to you and the baby is not a disadvantage ( in fact an advantage). The key is if he disputes fathering your baby. If he agrees he is the father ..then you wont have any problems at all once your baby is registered as a British citizen as soon as he/she is born. Financial requirement is not a requirement. Since you are not overstaying and you already have at least first University degree education you are likely to be granted 5 -year route.

No, the poster was referring to any claim of abuse.

For the child to British, you will need the father's evidence of citizenship or immigration status and his details on the birth cert. As unmarried, HMPO could also ask for DNA evidence from the father.

You also risk a new tier 4 being curtailed if you are no longer attending your course and you are required to inform them of your circumstances.

CR001 wrote: ↑

Sat Dec 08, 2018 10:30 am

No, the poster was referring to any claim of abuse.

Ah, that makes more sense. I do have evidence but it wouldn't be my intention to pursue this. I was mentioning it more so you have an idea of what the situation is.

As for the paternity, I'm 100% sure the baby is his and I don't think he doubts this either (although you never know what other excuse he'll come up with not to deal with this). Still, I would be happy to do a DNA test if that's what they want.

So this means he/his family does not need to support my application or state that they want contact with the baby?

Thank you all for the answers!

No they don't, but for the child to be considered British, the father needs to provide his documents and potentially a DNA test from an HO approved test provider to prove he is the father and that the child therefore is British.