I need a massive help before the next step on this case and your honest answers and ideas would go a long way.
1. DL issued June 2011 (Outside the rules, based on article 8 family life)
2. May 2014, relationships with partner broke down but had share care (3 days a week).
3. June 2014, second 3years DL issued (HO aware of relationship breakdown and shared care)
4. June 2016, HO sent curtailment notifications, confirming they have been advised no contact/access to children. Evidence of contact and contact order sent to HO and curtailment withdrawn.
5. May 2017 - Premium ILR applied but decision pending for further investigation as ex was denying contact with children even though there’s an active contact order in place.
6. August 2017, Ex made false criminal allegation, involving our children as I was going for children’s custody.
7. April 2019, after a criminal trial, I was found innocent and declared NOT GUILTY.
8. From 2017 - 2019 - there’s been no contact from the HO regarding application. I also did not chase them (I assumed they’re aware of criminal allegation and ongoing trial)
9. It’s now time to chase HO for a decision. I have been in a new relationship for the last 5 years, British Partner, live together for 2 years and have a British son, 6 months old.
10. Planned to submit additional document, detailing current family situation and asked for application to decided based on the current family life (same circumstances as before). Although, I’ll continue to fight for my other 2 kids from previous family
Current family situation is the same as when I was granted the first DL, except it’s only 1 child in the current family and not officially married but we have co-habited for 2years.
I currently have no access/contact with first 2 kids but going back the courts. However, I only want to ask the HO now to decide my application based on my current family life while I continue to fight for my other kids.
I’m still married to the ex(still fighting for divorce). Would that be an issue with HO ?
As I have been issued DL of 3 years each (first DL issued before 2012) and qualified for ILR in 2017 but delayed due to issues as highlighted above, I have effectively been on DL for 8 years.
Would HO grant ILR on the basis of the new information or anyone think they could put me back on a 5 or 10 year route ?
Your help is highly appreciated. Thanks a lot in advance.
Live and let live