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Parent of british child

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Peanuthome
Newly Registered
Posts: 1
Joined: Wed Oct 02, 2019 6:51 pm
Mexico

Parent of british child

Post by Peanuthome » Wed Oct 02, 2019 6:56 pm

Hello all.
Im looking for advice i have a son who is a british citizen born to a british father. We are married but not together anymore . I am mexican and we wish to move back to the UK . He does not have a problem with papers but i need them . Is there anything i can do or which is the best route to go through. Its very dangerous where we live.
Thank you!

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Jaune08
Member
Posts: 190
Joined: Thu Jul 11, 2019 5:50 pm
Mexico

Re: Parent of british child

Post by Jaune08 » Wed Oct 02, 2019 7:42 pm

Peanuthome wrote:
Wed Oct 02, 2019 6:56 pm
Im looking for advice i have a son who is a british citizen born to a british father. We are married but not together anymore .
I mean... the most convenient route to apply for a visa that will actually grant you an entrance is the spouse visa, because you are married to a British citizen. However, the inconvenience is that you and your partner aren't together anymore. Is that absolutely definitive? You may have everything on paperwork to state you are married and have a genuine marriage, however you must know that if you get this visa, you will be dependant on your relationship with your partner for a least five years (in terms of immigration and finances at the beginning), until you get a permanent residence. Also, you must live under the same roof to meet the cohabitation requirement (living together is mandatory).

Unfortunately, having a British child doesn't grant you an automatic entrance. There's also another route where you can apply as a parent of a British child, however it will take you longer to apply for permanent residence (called Indefinite Leave to Remain): https://www.gov.uk/uk-family-visa/parent

Believe or not, since you are married to a British citizen and you have a british child, your options are limited as in theory, you qualify for a spouse visa. I am not an expert, but you must know that if you decide to go for the spouse visa, the case worker must be convinced is a substantial and on going marriage, which you may not be able to prove as you aren't together.

Peanuthome wrote:
Wed Oct 02, 2019 6:56 pm
I am mexican and we wish to move back to the UK
Did you previously have a spouse visa? Or what type of visa did you hold previously in the UK?

Peanuthome wrote:
Wed Oct 02, 2019 6:56 pm
Its very dangerous where we live.
I know, I'm from Mexico too.

geoeng
Senior Member
Posts: 953
Joined: Fri Aug 30, 2019 11:54 am
Canada

Re: Parent of british child

Post by geoeng » Thu Oct 03, 2019 7:46 am

You will note from the link Jaune08 included that you cannot apply for a visa as the parent of a child in the UK if you are eligible to apply as a partner of a British citizen. Additionally, in order to qualify as a parent your child must be living in the UK (not clear from your post where your son currently lives, though it seems as though with you in Mexico) and you must have sole or shared parental responsibility for your child; assuming you have shared parental responsibility currently, you would not qualify for a visa as a parent as the child's other parent is your partner. As Jaune08 mentioned, a spouse visa requires you to have an intention to live together permanently in the UK as well as a genuine and subsisting relationship, which doesn't seem to be the case here at the moment. Alternatively you could consider divorcing your current husband so he would no longer be considered you partner, send your son to live in the UK while continuing to have an active role in his life and then apply for a visa to join him as a parent
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

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