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Access Right To A Child (In-Country Application) Success

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HRY2005
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Access Right To A Child (In-Country Application) Success

Post by HRY2005 » Tue Dec 08, 2009 11:42 pm

Hi, I need a very serious help in making a decision on my application. I arrived the UK in 2005 illegally, no entry clearance at all. I live quietly and carefully to avoid any trouble.

I have since been in a relationship with a girl that I love so much and she loves me too(almost 2 years together), we have a child together(a 4 months oldboy). My partner is a British citizen, so is my son.

We met a solicitor to discuss my case and how to get out of this trouble and be a confident father and a family man. We live together but not up to 2 years(1 year, 7 months), So the solicitor ruled a co-habitee aplication.

We consider that I return home and apply for entry clearance based on Access right to my son, or make an in-house application based on article 8. We considered and weigh all the options based on the requirements but I was scared of returning home to make an application for the fear of refusal and appeal that could last a long time.

I am now considering instructing my solicitor to make an in house application(outside the rule) based on article 8.

What are my chances and the risks? Could that lead to an eventual removal? As I seriously dont want to be away from my son.

Please advice and I will appreciate every bit of it. Looking forward to your wonderful contributions.

Thanks.
Last edited by HRY2005 on Sat Jul 02, 2011 1:14 am, edited 2 times in total.

Wanderer
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Post by Wanderer » Tue Dec 08, 2009 11:45 pm

Proporiionality - ow difficult is to return home - is ur country dangerous etc?
An chéad stad eile Stáisiún Uí Chonghaile....

HRY2005
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Post by HRY2005 » Wed Dec 09, 2009 12:08 am

Not really dangerous, Nigeria

segzeybaba
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Post by segzeybaba » Wed Dec 09, 2009 9:14 pm

how old are you and your partner?

mochyn
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Post by mochyn » Wed Dec 09, 2009 10:34 pm

If you came here illegally, how do you intend to go back to your country?

HRY2005
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Post by HRY2005 » Wed Dec 09, 2009 10:51 pm

Well to return, I have got a passport issued to me by my embassy, my gf is 19 and I am 9 years older. Thanks for your contributions

Wanderer
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Post by Wanderer » Thu Dec 10, 2009 11:32 am

HRY2005 wrote:Well to return, I have got a passport issued to me by my embassy, my gf is 19 and I am 9 years older. Thanks for your contributions
Spouse or partner visa is out then - both have to be 21. Access to child is ur only option I think....
An chéad stad eile Stáisiún Uí Chonghaile....

HRY2005
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Post by HRY2005 » Thu Dec 10, 2009 12:49 pm

Thanks you all for your contributions. We have opted for the Access right application, but the QUESTION is what are the changes for an in-country application?

My solicitors said we can apply outside the rules, as I do not qualify under the rules(not having an entry clearance)

I do not want to face the risk of staying back at home for six months or more in case I face an appeal process(if case of refused application), i dont want to stay away from my little boy for that long.

I read the Chikwamba case as well as this case also involves a child.

Thanks and waiting for all your ideas and advice.
Last edited by HRY2005 on Mon Apr 25, 2011 11:03 am, edited 1 time in total.

segzeybaba
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Post by segzeybaba » Thu Dec 10, 2009 2:48 pm

its worth a try if you put in a good application and reasons why you dont want to go back to Nigeria to apply for an entry clearance.
As your girlfriend is only 19, applying outside the immigration rules is your only option! you stand a chance of winning as a child is involved but if its refused the home office can initiate an enforcement procedure on u!
Goodluck

mochyn
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Post by mochyn » Fri Dec 11, 2009 3:52 pm

a son needs his father and you need to work out what is best for him.
If you carry on living in this country without permission you will have to be very circumspect in everything you do.The risk if you are caught is possibly a 10 year exclusion from the UK
If you go back to Nigeria now and apply for a visa then it will not affect your son too much although it will be painful for you.
If you went back to Nigeria in five years time then it would be harmful to the childs progress
If you were all to travel to Nigeria then your wife and child being present when you apply for your visa may well tug the heartstrings of the ECM
No easy way out of this dilemma

Wanderer
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Post by Wanderer » Fri Dec 11, 2009 4:01 pm

mochyn wrote:1. a son needs his father and you need to work out what is best for him.

2. If you carry on living in this country without permission you will have to be very circumspect in everything you do.The risk if you are caught is possibly a 10 year exclusion from the UK

3. If you go back to Nigeria now and apply for a visa then it will not affect your son too much although it will be painful for you.

4. If you went back to Nigeria in five years time then it would be harmful to the childs progress

5. If you were all to travel to Nigeria then your wife and child being present when you apply for your visa may well tug the heartstrings of the ECM

6. No easy way out of this dilemma
1. Not true really, think single parents.

2. True.

3. True.

4. True.

5. No way facing true.

6. True.

Sorry for language - watching 'In The Loop'!!

Mochyn is Welsh for Pig IIRC....
An chéad stad eile Stáisiún Uí Chonghaile....

stmellon
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Post by stmellon » Fri Dec 11, 2009 5:24 pm

Wanderer wrote:
mochyn wrote:1. a son needs his father and you need to work out what is best for him.
1. Not true really, think single parents.

I'm thinking single parents, and I'm thinking mochyn has got it entirely correct.

Wanderer
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Post by Wanderer » Fri Dec 11, 2009 6:31 pm

stmellon wrote:
Wanderer wrote:
mochyn wrote:1. a son needs his father and you need to work out what is best for him.
1. Not true really, think single parents.

I'm thinking single parents, and I'm thinking mochyn has got it entirely correct.
So single parents are inferior?

If the OP was such a great dad maybe he should have thought about that before having a child whilst not having any legal status - really u folks all think - 'oh a kid, all transgressions are forgiven, stay in the UK' - we'll pick up the tab, if the OP is so concerned he should return home and apply in the proper manner making sacrifices like we've like we've all to do and I for one will welcome him if/when he does.

Skirting around the danger zone like this only prolongs the inevitable.

When my younger three where kids I worked away hardly saw them - I had to - I was a responsible parent, I provided. Now have we suffered being apart early on in their upbringing? Not really, it's just a bloody excuse.

This crap really grinds my shit.
An chéad stad eile Stáisiún Uí Chonghaile....

Obie
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Post by Obie » Fri Dec 11, 2009 6:59 pm

Perhaps you should consider moving with your partner to another EU member state besides Britain.

That way, you will have an opportunity of making a contribution to your child's everyday wellbeing.

You could choose to settle in that country or, return back to the UK after a period of 6 months, and you will then have you residency processed in more favourable terms.

This rule sprung from an ECJ ruling called Surinder Singh, after the gentle man who won his case in 1992.

Just a thought.

Best wishes for the future.
Smooth seas do not make skilful sailors

mochyn
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Post by mochyn » Sat Dec 12, 2009 12:47 am

I don't mean to infer that single parents are inferior.
The point I was trying to make is that for a balanced upbringing the child needs a father and a mother both contributing to his growing needs.
A child deprived of his father for whatever reason be it imprisonment, working abroad may not have the stability it needs

pinky22
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Post by pinky22 » Mon Jan 04, 2010 3:10 am

mochyn wrote:I don't mean to infer that single parents are inferior.
The point I was trying to make is that for a balanced upbringing the child needs a father and a mother both contributing to his growing needs.
A child deprived of his father for whatever reason be it imprisonment, working abroad may not have the stability it needs
For once, I find someone thinking straight!

HRY2005
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Post by HRY2005 » Wed Jan 06, 2010 10:14 pm

Wanderer wrote:
stmellon wrote:
Wanderer wrote:
mochyn wrote:1. a son needs his father and you need to work out what is best for him.
1. Not true really, think single parents.

I'm thinking single parents, and I'm thinking mochyn has got it entirely correct.
So single parents are inferior?

If the OP was such a great dad maybe he should have thought about that before having a child whilst not having any legal status - really u folks all think - 'oh a kid, all transgressions are forgiven, stay in the UK' - we'll pick up the tab, if the OP is so concerned he should return home and apply in the proper manner making sacrifices like we've like we've all to do and I for one will welcome him if/when he does.

Skirting around the danger zone like this only prolongs the inevitable.

When my younger three where kids I worked away hardly saw them - I had to - I was a responsible parent, I provided. Now have we suffered being apart early on in their upbringing? Not really, it's just a bloody excuse.

This crap really grinds my shit.
I really dont understand what the guy that called himself wanderer was talking about. People like you should not be on this forum. I believe this forum is about sharing knowledge and experience and offer a genuine advise to those in need. Peolpe posted their personal problem and worries on a forum, expecting a good advice and if any, constructive criticism. People that are illegal are not happy to be in such conditions but some people find themselves in situations they cant help and looking for a way out, to live happily and contribute to a society in which they live.

What makes you think you are special than those people you critisized and insulted, you need to realise that you just an oppurtunist to be where you are and should appreciate God, if you believe in him.

Estera
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Post by Estera » Wed Jan 06, 2010 10:59 pm

I agree with Wanderer if someone here is illegaly and start to make a family in UK despit having no rights to live and stay then should think about future consequences.

I knw life is sometimes difficult but how are u gonna stay in UK living and providing for u son always in hide fearing that one day UK border might come and arrest you on your son eyes like a criminal?

AS for me its should be fair like for everybody else to going back to his country of orgin and apply lawfully for entry clearance,Im in the same boat my husband just went back 5 moths ago to his country of orgin and even is long distance i miss him desperately i think it was the best way to sort it out and start live without breeching the law in this country!As for my future family i cant imagine living and wondering every day if they will found him or not?
and having children isnt any excuse and i dnt think eco will look in the case in a better way than other families seperated tooIm looking after my kid brother and my husband is for him as dad on our way to my husbands counntry of orging on airport i havent seen that the customs would have special condtions in question my husband even the child was just standing by him they just carry on with procedure.

As for me i agree with Wanderer before u starting family go n sort out ur legal status here thats if u want to build a healthy future for ur own sake and ur familty

immigrationuk2009
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Re: Access Right To A Child (In House Application)

Post by immigrationuk2009 » Wed Jan 06, 2010 11:03 pm

Hi

In your situation you can

1.Apply on human rights for DL for 3 years.Indeed you should refer Chikwamba and Baku case law in your application.But problem with this application is nobody can give time frame for this application.Second you can be refused without right of appeal as you have no legal right of stay.Third home office can give your deportation order..If you are lucky and home issue your deportation order then you have right of appeal and then in appeal you can win on human right.

2.Apply outside under rule 246.Less time consuming and easy route.Remember your overstay would not be problem due to home office concessions for this visa category.But you need contact order for this application.

HRY2005
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Re: Access Right To A Child (In House Application)

Post by HRY2005 » Wed Jan 06, 2010 11:56 pm

immigrationuk2009 wrote:Hi

In your situation you can

1.Apply on human rights for DL for 3 years.Indeed you should refer Chikwamba and Baku case law in your application.But problem with this application is nobody can give time frame for this application.Second you can be refused without right of appeal as you have no legal right of stay.Third home office can give your deportation order..If you are lucky and home issue your deportation order then you have right of appeal and then in appeal you can win on human right.

2.Apply outside under rule 246.Less time consuming and easy route.Remember your overstay would not be problem due to home office concessions for this visa category.But you need contact order for this application.
Thanks for your encouragement and informed advice. That was exactly what my solicitor told me, and also my personal research. Its really sad how people mis informed other people on this forum or turn a general case to a personal thing.
My respect to those genuine people who give informed advice and critizise people constructively, thanks very much.

immigrationuk2009
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Re: Access Right To A Child (In House Application)

Post by immigrationuk2009 » Thu Jan 07, 2010 1:57 pm

HRY2005 wrote:
immigrationuk2009 wrote:Hi

In your situation you can

1.Apply on human rights for DL for 3 years.Indeed you should refer Chikwamba and Baku case law in your application.But problem with this application is nobody can give time frame for this application.Second you can be refused without right of appeal as you have no legal right of stay.Third home office can give your deportation order..If you are lucky and home issue your deportation order then you have right of appeal and then in appeal you can win on human right.

2.Apply outside under rule 246.Less time consuming and easy route.Remember your overstay would not be problem due to home office concessions for this visa category.But you need contact order for this application.
Thanks for your encouragement and informed advice. That was exactly what my solicitor told me, and also my personal research. Its really sad how people mis informed other people on this forum or turn a general case to a personal thing.
My respect to those genuine people who give informed advice and critizise people constructively, thanks very much.
You are welcome.If you have any other question dont hesitate to ask.

I am very good on access to child visa route.

UK_Banned_Member

y

destiny20484
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Post by destiny20484 » Mon Aug 02, 2010 11:24 pm

Wanderer wrote:
mochyn wrote:1. a son needs his father and you need to work out what is best for him.

2. If you carry on living in this country without permission you will have to be very circumspect in everything you do.The risk if you are caught is possibly a 10 year exclusion from the UK

3. If you go back to Nigeria now and apply for a visa then it will not affect your son too much although it will be painful for you.

4. If you went back to Nigeria in five years time then it would be harmful to the childs progress

5. If you were all to travel to Nigeria then your wife and child being present when you apply for your visa may well tug the heartstrings of the ECM

6. No easy way out of this dilemma
1. Not true really, think single parents.

2. True.

3. True.

4. True.

5. No way facing true.

6. True.

Sorry for language - watching 'In The Loop'!!

Mochyn is Welsh for Pig IIRC....****"wanderer "*****LET ME ASK YOU FEW QUESHIONS ABOUT YOU BCOZ I THINK YOU ARE TAKING THE PI**, :twisted: (1) :evil: WHY THE F****** HELL YOU ARE TELLING EVERYBODY TO LEAVE THE NEW BORN OR LEAVE THE KIDS HERE & GO BACK TO HOME COUNTRY (2) DO YOU OWN THIS COUNTRY ?( 3) DO YOU OWN THIS WEBSITE ?(4) DO YOU WORK FOR ANY TRAVEL COMPANY ?(5) R U MARRIED IF NO THEN HAVE YOU GOT GF? (6) HAVE YOU GOT KIDS ? (7) WOULD YOU DO THAT & LEAVE THE KIDS ?(8) DID YOU SPEND YOUR CHILDHOOD WITH YOUR DAD?.....YOU SHOULD PUT YOUR SELF IN THE SAME SHOES THEN TELL ANY BODY WHAT TO DO ....GIVE THE ANSWERS .....(.1) YES OR NO ? .....LIKE THIS OK ......

Wanderer
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Post by Wanderer » Tue Aug 03, 2010 8:34 am

destiny20484 wrote:["wanderer "*****LET ME ASK YOU FEW QUESHIONS ABOUT YOU BCOZ I THINK YOU ARE TAKING THE PI**, :twisted: (1) :evil: WHY THE F****** HELL YOU ARE TELLING EVERYBODY TO LEAVE THE NEW BORN OR LEAVE THE KIDS HERE & GO BACK TO HOME COUNTRY (2) DO YOU OWN THIS COUNTRY ?( 3) DO YOU OWN THIS WEBSITE ?(4) DO YOU WORK FOR ANY TRAVEL COMPANY ?(5) R U MARRIED IF NO THEN HAVE YOU GOT GF? (6) HAVE YOU GOT KIDS ? (7) WOULD YOU DO THAT & LEAVE THE KIDS ?(8) DID YOU SPEND YOUR CHILDHOOD WITH YOUR DAD?.....YOU SHOULD PUT YOUR SELF IN THE SAME SHOES THEN TELL ANY BODY WHAT TO DO ....GIVE THE ANSWERS .....(.1) YES OR NO ? .....LIKE THIS OK ......
Well hard to pick out the nuggets from all that insane rambling, but no, to most of them. But then again I didn't break the law and become a criminal by overstaying/entering illegally either.

Some people don't like the hard truth, and you are one of them. If you wait long enough someone will give you the answer you want, God knows you've posted the same question enough times.
An chéad stad eile Stáisiún Uí Chonghaile....

alikhan28
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Post by alikhan28 » Tue Aug 03, 2010 11:40 am

Wanderer wrote:
destiny20484 wrote:["wanderer "*****LET ME ASK YOU FEW QUESHIONS ABOUT YOU BCOZ I THINK YOU ARE TAKING THE PI**, :twisted: (1) :evil: WHY THE F****** HELL YOU ARE TELLING EVERYBODY TO LEAVE THE NEW BORN OR LEAVE THE KIDS HERE & GO BACK TO HOME COUNTRY (2) DO YOU OWN THIS COUNTRY ?( 3) DO YOU OWN THIS WEBSITE ?(4) DO YOU WORK FOR ANY TRAVEL COMPANY ?(5) R U MARRIED IF NO THEN HAVE YOU GOT GF? (6) HAVE YOU GOT KIDS ? (7) WOULD YOU DO THAT & LEAVE THE KIDS ?(8) DID YOU SPEND YOUR CHILDHOOD WITH YOUR DAD?.....YOU SHOULD PUT YOUR SELF IN THE SAME SHOES THEN TELL ANY BODY WHAT TO DO ....GIVE THE ANSWERS .....(.1) YES OR NO ? .....LIKE THIS OK ......
Well hard to pick out the nuggets from all that insane rambling, but no, to most of them. But then again I didn't break the law and become a criminal by overstaying/entering illegally either.

Some people don't like the hard truth, and you are one of them. If you wait long enough someone will give you the answer you want, God knows you've posted the same question enough times.
Wanderer with due respect op is asking for help not for a lecture on what is right or wrong in yours perspective.

I know you are right from one point for view but please add something which is called help not negative remarks.

If you have something to add which is constructive then go on otherwise please keep quite.

No offense please.

Regards

ALi

alikhan28
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Post by alikhan28 » Tue Aug 03, 2010 11:43 am

Sorry for language - watching 'In The Loop'!!

Mochyn is Welsh for Pig IIRC....****"wanderer "*****LET ME ASK YOU FEW QUESHIONS ABOUT YOU BCOZ I THINK YOU ARE TAKING THE PI**, :twisted: (1) :evil: WHY THE F****** HELL YOU ARE TELLING EVERYBODY TO LEAVE THE NEW BORN OR LEAVE THE KIDS HERE & GO BACK TO HOME COUNTRY (2) DO YOU OWN THIS COUNTRY ?( 3) DO YOU OWN THIS WEBSITE ?(4) DO YOU WORK FOR ANY TRAVEL COMPANY ?(5) R U MARRIED IF NO THEN HAVE YOU GOT GF? (6) HAVE YOU GOT KIDS ? (7) WOULD YOU DO THAT & LEAVE THE KIDS ?(8) DID YOU SPEND YOUR CHILDHOOD WITH YOUR DAD?.....YOU SHOULD PUT YOUR SELF IN THE SAME SHOES THEN TELL ANY BODY WHAT TO DO ....GIVE THE ANSWERS .....(.1) YES OR NO ? .....LIKE THIS OK ......
No comments.

Ali

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