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FLR (FP) on the basis of British child

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rjkshr9
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FLR (FP) on the basis of British child

Post by rjkshr9 » Wed Mar 20, 2019 8:55 pm

Hi,
I need some advice as i have applied for FLR (FP) as parent of British child.
Reason to worry:
This i can explain through my immigration history. i am non EU and in UK for 9 years and 9 months now.
I came to UK in June 2009 as a student, then in 2011 i switched to PSW visa and i got married in 2013 to EU national and at the time of expiry of my PSW, i switched to Spouse visa of EEA national, i got my EU spouse visa in Feb 2014, with in 6 months of our marriage things didn't work out and we parted away, they i met another girl and we fell in love and started living together who is British citizen now and with her i have a 4 year old daughter, my daughter is also British citizen , i got divorced from my EU wife in Sep 2016 and and married my current wife in July 2017, after marriage this didn't work and my wife filed for divorce in July 2018, all this time i never switched my visa and continued living on my previous visa of EU spouse.
Now that my visa was due to expire in Feb 2019, and my wife filed for divorced so i decided to switch to parent visa on the basis of my British child,

I am worried that because my previous marriage ended but i did not switch to a different visa, will that be an issue for my Visa application as parent.
My current situation:
My decree absolute is still to come, may come next week or so.
Although we are going through the divorce, we still live in the same house as we jointly own this property and we have mortgage on both our names.
My daughter goes to nersary as she is only 4.
My wife and i have shared responsibilty of my daughters upbriging but she has refused to sign any mutual child resposibilty documents.So i could not send any such document with my application. However , i had all the email communications with my wife with regards to picking my daughter from nersary which i have sent with my application.
I pay child maintainance for my daughter direct to my wife.
I have sent 100's of me and my daughters pictures since her birth.

I am now worried that will there be any scope for refusal. and am i eligible for ILR once i complete 10 years?

Please some one give expert advise in my case.

Thanks,
R

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CR001
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Re: FLR (FP) on the basis of British child

Post by CR001 » Thu Mar 21, 2019 9:35 am

and am i eligible for ILR once i complete 10 years?
Your right to reside in the UK as the spouse of an EU citizen ended on the date that your divorce decree was issued. If you did you not apply for Retained Rights of Residence after the divorce, you had no legal basis to stay in the UK.

For ILR based on 10 years long residence, you require ALL the documentation from your EU spouse to prove they were a qualified person exercising treaty rights for the WHOLE time you are relying on the EEA RC time that you qualified for up to September 2016.
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rjkshr9
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Re: FLR (FP) on the basis of British child

Post by rjkshr9 » Thu Mar 21, 2019 11:10 pm

Hi CR001

No I don’t have any proof of treaty rights but I know that during the divorce process my EU wife was migrated to America and since then she never returned, so its clear that she was not performing any treaty rights in UK.

What are the chances of me getting FLR FP as parent in my current situation?

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Re: FLR (FP) on the basis of British child

Post by Garry20g » Thu Mar 21, 2019 11:27 pm

Hi. I think. If you have parent responsibility than you will get visa.

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Frontier Mole
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Re: FLR (FP) on the basis of British child

Post by Frontier Mole » Fri Mar 22, 2019 1:09 am

I have no doubt you will be refused based on the information supplied.

You do not have any evidence that you share responsibility for care, there are no legal documents granting access or agreements to share responsibility. The other main point is that you have acted dishonestly, remained in the UK knowingly when your EU Spouse is no longer resident / exerciseIng treaty rights.

If your ex says you are not to be in you daughters life and essentially says you have to go then you will have a massive legal fight on your hands. The fact that your ex has refused to support your application points to you having an up hill struggle.

Some other points to consider- you have been in the country illegally for sometime. The day wife 1 permanently left the UK you became illegal, all your earnings are considered illegal from that point as you had no right to remain or work. You have employed dishonestly and deceit to remain, so by definition you are not a person of good character. Your mortgage application must have also been supported by the EU RC to prove residency so there is another dishonest act. It soon all stacks up. In essence you have committed fraud and if wife 2 really wants to make that an issue you are bluntly stuffed.

I am guessing here but I see wife 2 saying get lost to you v soon and kicking you out the house. I also see her giving a negative story about you as an individual and probably claiming you are not a fit and proper person to be involved in your daughters life. I hope I am wrong but the picture you paint is not that uncommon and the response from the party not subject to immigration control often takes that path. Any court will favour her side because she can evidence your dishonestly and deception.

You are currently unable to work legally and doing so continues the deception / dishonesty. You are personally liable and can be fined as an individual for working illegally.

I am unsure how you managed to get married given the HO would have had to give permission? How did you marry and was permission given by the Home Office?

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Re: FLR (FP) on the basis of British child

Post by Garry20g » Fri Mar 22, 2019 7:10 am

Hi. Frontier mole. I do not understand one thing. How he manage to get 5years visa in 2014. Because HO only issue 2.5 years at a time

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Re: FLR (FP) on the basis of British child

Post by CR001 » Fri Mar 22, 2019 7:45 am

Garry20g wrote:
Fri Mar 22, 2019 7:10 am
Hi. Frontier mole. I do not understand one thing. How he manage to get 5years visa in 2014. Because HO only issue 2.5 years at a time
The op had an EU spouse not a British spouse. And EEA residence card is valid for 5 years.
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Re: FLR (FP) on the basis of British child

Post by rjkshr9 » Fri Mar 22, 2019 7:44 pm

Thanks everyone for advise,

Yes, when I went to council to make application for marriage, via council i had to take permission from HO.
So i did inform HO, that i am Divorce and received letter from HO that i can marry to my current wife.

Any suggestion now?

rjkshr9
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Re: FLR (FP) on the basis of British child

Post by rjkshr9 » Fri Mar 22, 2019 7:50 pm

My current wife is not against my contact with my daughter, i live at same place and meet my daughter every and have parental responsibility
Its just she doesn’t want to sign any papers to support me but she is not against father daughter contact, she actually support in maintaining my contact with child as I have been good father.
What are my chances of getting FLR FP parent vida

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Re: FLR (FP) on the basis of British child

Post by Obie » Fri Mar 22, 2019 11:45 pm

You will be put on the 10 years path. You will not have ILR on the basis of long residence as even though you have a residence card, your residence is not in accordance with EU law, as you are not married to her anymore.

You must first switch to the 10 years parent route and then switch to 5 years once you have been granted leave to remain.
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rjkshr9
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Re: FLR (FP) on the basis of British child

Post by rjkshr9 » Sun Mar 24, 2019 11:12 am

Thanks all for expert advice

Once i am on Flr Fp parent route. Will I have rights to bring my dependents to UK.

rjkshr9
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Re: FLR (FP) on the basis of British child

Post by rjkshr9 » Sat Mar 30, 2019 9:27 am

please help.

i have received my supporting documents today, its 8 weeks ending today. any idea how long it wail take for HO to decide on my visa application from this stage?

thanks

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Re: FLR (FP) on the basis of British child

Post by JB007 » Sat Mar 30, 2019 9:53 am

rjkshr9 wrote:
Sun Mar 24, 2019 11:12 am


Once i am on Flr Fp parent route. Will I have rights to bring my dependents to UK.
Isn't your dependant already in the UK, your daughter - the one you are trying to use to stay in the UK?

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Re: FLR (FP) on the basis of British child

Post by rjkshr9 » Sat Mar 30, 2019 10:58 am

hi,
yes my daughter is in UK.

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Re: FLR (FP) on the basis of British child

Post by rjkshr9 » Sat Mar 30, 2019 11:01 am

hi JB007,

this flr fp will be for 10 years, so curious to know my rights.

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Re: FLR (FP) on the basis of British child

Post by CR001 » Sat Mar 30, 2019 1:09 pm

rjkshr9 wrote:
Sat Mar 30, 2019 11:01 am
hi JB007,

this flr fp will be for 10 years, so curious to know my rights.
What rights exactly do you want to know about??

You can work.

You cannot claim benefits.

You cannot sponsor another spouse until you have ILR.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

rjkshr9
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Re: FLR (FP) on the basis of British child

Post by rjkshr9 » Sat Mar 30, 2019 6:54 pm

Thanks CR001,
i received a letter from HO today, they sent all my documents and retained my passport for decision, is this a normal thing they do, is it a good news?

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Re: FLR (FP) on the basis of British child

Post by CR001 » Sat Mar 30, 2019 8:14 pm

rjkshr9 wrote:
Sat Mar 30, 2019 6:54 pm
Thanks CR001,
i received a letter from HO today, they sent all my documents and retained my passport for decision, is this a normal thing they do, is it a good news?
It is normal. They retain the passport until a decision is made. If it is refused, you get it back usually at the airport when you leave.
Char (CR001 not Casa)
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Re: FLR (FP) on the basis of British child

Post by Obie » Sat Mar 30, 2019 8:51 pm

rjkshr9 wrote:
Sat Mar 30, 2019 6:54 pm
Thanks CR001,
i received a letter from HO today, they sent all my documents and retained my passport for decision, is this a normal thing they do, is it a good news?
What does the letter say?
Smooth seas do not make skilful sailors

rjkshr9
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Re: FLR (FP) on the basis of British child

Post by rjkshr9 » Sat Mar 30, 2019 10:22 pm

letter says:

Please find enclosed documents you provided in support of your application which have been scanned to consider your application. your passport is retained whilst your application is being considered.

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Re: FLR (FP) on the basis of British child

Post by rjkshr9 » Tue Apr 02, 2019 6:43 pm

CR001 wrote:
Sat Mar 30, 2019 8:14 pm
rjkshr9 wrote:
Sat Mar 30, 2019 6:54 pm
Thanks CR001,
i received a letter from HO today, they sent all my documents and retained my passport for decision, is this a normal thing they do, is it a good news?
It is normal. They retain the passport until a decision is made. If it is refused, you get it back usually at the airport when you leave.
Hi CR001,
could you please let me know my current work right untill the decision is made?

rjkshr9
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Re: FLR (FP) on the basis of British child

Post by rjkshr9 » Sun May 19, 2019 10:20 pm

Hi CR001,
I received my documents on 30th March 2019, but HO kept y passport, its been 1 month and 20days i did not hear anything from HO, is it normal that HO takes this long to decide after returning documents.

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Frontier Mole
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Re: FLR (FP) on the basis of British child

Post by Frontier Mole » Sun May 19, 2019 11:38 pm

It could be several months before you get a decision

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Re: FLR (FP) on the basis of British child

Post by Revive » Sat Jan 04, 2020 9:13 pm

Hi there please let us know what happened to your application . I am in the same situation like you. That’s will help me if I know what happened exactly

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