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Help with Spouse Visa Issues

General UK immigration & work permits; don't post job search or family related topics!

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Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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Marlon
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Posts: 3
Joined: Sat Apr 09, 2011 12:29 pm

Help with Spouse Visa Issues

Post by Marlon » Wed Apr 13, 2011 10:20 pm

Hi
I have been in the UK from 2003 as a student. Got a work permit in 2004. I met my British born wife in 2003. We had a daughter born in 2005. We then decided to start living together from January 2006. We got married in 2008 and i then switched from the work permit to a spouse visa which i now know was a tactical error. Anyway I am now separated from my wife and she refuses to let me see our daughter who is now five years old. My name is on the birth certificate and I have been with my daughter from birth. My question is what are the chances of me getting ILR in light of my situation? My spouse visa expires April 28th 2011.

geriatrix
Moderator
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Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Thu Apr 14, 2011 1:19 am

Marlon wrote:My question is what are the chances of me getting ILR in light of my situation? My spouse visa expires April 28th 2011.
ILR as a spouse? Not possible as you do not meet the requirements (287).

For alternate route, see also Section 1 - Persons exercising rights of access to a child resident in the United Kingdom (246 - 248F).
Life isn't fair, but you can be!

Kitty
Senior Member
Posts: 706
Joined: Wed Jan 17, 2007 10:54 am
Location: Southampton, UK

Post by Kitty » Thu Apr 14, 2011 11:15 am

To add to sushdmehta's post: you will need to act quickly in getting advice about access to your daughter. The Immigration Rules require you to have some kind of contact arrangement with her.

Note that if you have started contact proceedings, you can be granted Discretionary Leave to stay while they are going on.

See also:

http://freemovement.wordpress.com/2011/ ... ion-cases/

Marlon
Newly Registered
Posts: 3
Joined: Sat Apr 09, 2011 12:29 pm

Which form

Post by Marlon » Fri Apr 15, 2011 4:50 pm

Thanks for the update guys. I have started the contact order proceedings. Which Home Office form should I complete if I require leave to remain for access to my child. I searched and couldn't find it.

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Wed Jun 15, 2011 11:20 pm

Marlon wrote:Hi guys, just want to keep contributing to this wonderful site by sharing a bit of good news.

You would have read my previous posts about my situation and I am happy to say that I received my visa extension this morning June 15, 2011 after sending the application in on the 25th of April 2011. Certain things I learned during the process that may be helpful to others that are in a similar situation:

(1) Read my previous posts to get the brief history of my case to see if it is similar to your situation.

(2) You must send in your application before your current spouse visa expires

(3) If you have a child that your wife is denying you access to then quickly make an application to the court to get access. The Home Office can not remove you if your case is currently going through the courts otherwise they would have breached your Article 8 rights.

(4) Send photos of you and the child/children in your application to the Home Office

(5) Make sure your name is listed as the father on the child's/children's birth certificate

(6) and finally, do a lot of research using this site. It certainly helped me and i didn't need to pay a solicitor either. I did it all on my own by researching on this site. I have had free consultations with solicitors and sadly none of them told me about the process of applying through the court. One solicitor even told me I had to go back home to Jamaica as I had no chance of getting a visa extension.

These are some of the things I did and it worked for me. Good luck.
Life isn't fair, but you can be!

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