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PLEASE HELP :/ Refused Parent of a UK Child Visa

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Jordan30296
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UK Family Visa to see my 2 day old child. Bad Immigration History!

Post by Jordan30296 » Thu Mar 29, 2018 11:46 am

Hi Guys,

My first child was born in the United Kingdom 2 days ago and I wasn't able to be there for her birth because I have no visa. I am a USA Citizen and have been traveling to the UK since 2013 (6 times). I can no longer use the free visa waiver program because my UK Immigration History is kinda or almost bad.

1. November 2014 - I was arrested in the UK for getting into a drunken fight with someone else.
2. January 2015 - I was denied entry into the UK because I did not have a valid reason why I was visiting the UK. They also found a combat knife in my checked luggage but I only had it because I was going to sell it to a friend over in the UK.
3. January 2015 - I applied for a Long Term 2 Year Visitor Visa.
4. July 2015 - I requested a new passport and traveled to the UK but instead I flew to Dublin, Ireland to enter UK via CTA (Backdoor to the UK). (BIG MISTAKE) I haven't even received a decision on my visa application yet.
5. September 2015 - I got arrested in the UK for entering a construction site which was burglary. So my Visa got refused for that reason and because they found out that I traveled to the UK illegally from Ireland via the CTA. But they did not remove me from the country (NOT YET).
6. January 2016 - I was sent to an immigration removal centre for 2 weeks then was removed from the country. But I did not see anything on the paper that stated I was banned for 10 years.
7. October 2016 - I entered the UK again but via Dublin, Ireland.
8. Feb 2017 - I was denied entry to the UK via Eurostar in Paris.
8. July 2017 - I entered the UK once again but via Dublin, Ireland.
9. March 2018 - I was refused entry into Dublin, Ireland because my UK immigration history showed up on their computer. I was put in a police cell overnight until my next flight.
10. March 2018 - I traveled to Paris to meet up with my girlfriend who was coming from London. I attempted to go to the UK again via Eurostar for my child's birth but was refused entry again.
11. March 2018 - My beautiful daughter was born while I was in Paris.

I and my girlfriend is no longer together. But she is the mother of my child. They are both UK Citizens. I and my ex-girlfriend were together for 1 year and 3 months. What are my chances of getting a visa? Which Visa should I apply for? Family visa? I really want to see my child and raise my child. Should I apply for a family visa and exercise my rights to access my child living in the UK? How can I convince the ECO that I am a changed person? Even though I attempted to try and enter the UK via Dublin recently and for the last 3 times without getting caught I am certain that I have changed as a person since I was removed from the UK back in 2015. I just want to be there for my child. My ex will not let me see the child. Only in the UK. I will be listed on the birth certificate and the mother of my child will write a statement/affidavit stating that I can see the child regularly once I'm in the UK.

I have never in my life been arrested in America. I am a 23-year-old cinematographer. I don't think I will ever see my child in person if I can't get a visa. I have only applied for a Visa in 2015 and that's when I was refused. I just want to see my child and help raise her. I am not a criminal.

Thank you so much!

Jordan30296
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How do I get a UK court order if I am in the United States?

Post by Jordan30296 » Fri Mar 30, 2018 12:29 pm

Hi Guys,

I am about to apply for access to child Visa so that I can see my child in the UK. She is a week old. I am not allowed to enter the UK without a visa due to past immigration history in the UK.

How would one get a contact or court order if they are in the United States? Though I and my child's mother both agree with me seeing my child. I don't think a sworn affidavit will be enough for the ECO. My child mother is a UK citizen.

Thanks,
Jordan

vinny
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Re: How do I get a UK court order if I am in the United States?

Post by vinny » Fri Mar 30, 2018 12:40 pm

E -ECPT.2.4.(a) wrote:(ii) direct access (in person) to the child, as agreed with the parent or carer with whom the child normally lives or as ordered by a court in the UK; and
(b) The applicant must provide evidence that they are taking, and intend to continue to take, an active role in the child’s upbringing.
A court order is unnecessary, if the parent or carer with whom the child normally lives agrees to direct access (in person) to the child.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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Re: UK Family Visa to see my 2 day old child. Bad Immigration History!

Post by Casa » Fri Mar 30, 2018 12:44 pm

Due to your criminal history, repeated attempts to circumvent the Immigration Rules and removal from the UK any application stands to be refused under both 320(11) and 320(7b) with an automatic 10 year ban.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: How do I get a UK court order if I am in the United States?

Post by vinny » Fri Mar 30, 2018 12:47 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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Re: How do I get a UK court order if I am in the United States?

Post by Casa » Fri Mar 30, 2018 12:48 pm

vinny wrote:
Fri Mar 30, 2018 12:40 pm
E -ECPT.2.4.(a) wrote:(ii) direct access (in person) to the child, as agreed with the parent or carer with whom the child normally lives or as ordered by a court in the UK; and
(b) The applicant must provide evidence that they are taking, and intend to continue to take, an active role in the child’s upbringing.
A court order is unnecessary, if the parent or carer with whom the child normally lives agrees to direct access (in person) to the child.
immigration-for-family-members/uk-famil ... l#p1615964
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: UK Family Visa to see my 2 day old child. Bad Immigration History!

Post by vinny » Fri Mar 30, 2018 12:52 pm

Thanks Casa.

Posts merged.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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Re: UK Family Visa to see my 2 day old child. Bad Immigration History!

Post by vinny » Fri Mar 30, 2018 1:01 pm

May be exempted from 320(7B), but 320(11) may be a problem.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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Re: UK Family Visa to see my 2 day old child. Bad Immigration History!

Post by Obie » Fri Mar 30, 2018 4:33 pm

vinny wrote:
Fri Mar 30, 2018 1:01 pm
May be exempted from 320(7B), but 320(11) may be a problem.
That is correct. Furthermore i did not read from the post, that OP has been convicted of any offence. Therefore i am not sure he can fall under the criminal sanctions in the rule.

Even 320(11) is not a giving, having regards to PS (paragraph 320(11) discretion: care needed) India [2010] UKUT 440 (IAC) (28 September 2010)
After thinking long and hard, I have come to the conclusion that brexit is a cancer. The only good brexit is a dead brexit.

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Re: UK Family Visa to see my 2 day old child. Bad Immigration History!

Post by Casa » Fri Mar 30, 2018 5:25 pm

Obie wrote:
Fri Mar 30, 2018 4:33 pm
vinny wrote:
Fri Mar 30, 2018 1:01 pm
May be exempted from 320(7B), but 320(11) may be a problem.
That is correct. Furthermore i did not read from the post, that OP has been convicted of any offence. Therefore i am not sure he can fall under the criminal sanctions in the rule.

Even 320(11) is not a giving, having regards to PS (paragraph 320(11) discretion: care needed) India [2010] UKUT 440 (IAC) (28 September 2010)
One difference in the above ruling is that the OP has made no attempt to regularise his immigration status after being removed from the UK. In fact he continued to make further attempts to re-enter.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: UK Family Visa to see my 2 day old child. Bad Immigration History!

Post by Obie » Fri Mar 30, 2018 5:32 pm

Well it may be the effect of the Easter eggs or the meal, but it seems to me from reading his post, that he is seeking a lawful means of coming to the UK to be a part of his child's life through lawful means, or maybe I am just wrong.

It does not appear from my reading, that he is seeking to find ways of entering UK illegally.
After thinking long and hard, I have come to the conclusion that brexit is a cancer. The only good brexit is a dead brexit.

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Re: UK Family Visa to see my 2 day old child. Bad Immigration History!

Post by Casa » Fri Mar 30, 2018 5:38 pm

Obie wrote:
Fri Mar 30, 2018 5:32 pm
Well it may be the effect of the Easter eggs or the meal, but it seems to me from reading his post, that he is seeking a lawful means of coming to the UK to be a part of his child's life through lawful means, or maybe I am just wrong.

It does not appear from my reading, that he is seeking to find ways of entering UK illegally.
Chocolate certainly has a lot to answer for...me too! I was referring to the preceding years...obtaining a new passport (presumably to hide bad immigration history), entering several times 'through the back door' to avoid detection..etc.

It would also seem that he was never a genuine visitor and was actually residing in the UK.

Do you ever feel dear Obie, that we play the role of 'good cop' 'bad cop'? :wink:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: UK Family Visa to see my 2 day old child. Bad Immigration History!

Post by Obie » Fri Mar 30, 2018 5:56 pm

Casa wrote:
Fri Mar 30, 2018 5:38 pm


Do you ever feel dear Obie, that we play the role of 'good cop' 'bad cop'? :wink:
That is quite interesting, i have never actually seen it from that perspective. Your are always a very kind and compassionate person Casa, who has always been helping people on this forum long before i dreamt of joining it, and i have never seen you as a bad cop. I respect your views that action does have consequences.


I accept and do not seek to minimise the fact that OP does have a very appalling immigration history. I see no justification for it, he is a citizen of an advanced western country, and i see no valid reasons for his conduct during the time he was in the UK.

From a mitigating point, one can attribute his conduct to youthful indiscretion, he is 23 years old now, in 2013 when he was acting in this way, he would have only been in his mid teenage years, and one can assume that now that he is 23 years old, he is a reformed character who may be worthy of a second change. He face a tough battle ahead, but all may not be over for him.
After thinking long and hard, I have come to the conclusion that brexit is a cancer. The only good brexit is a dead brexit.

Jordan30296
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Re: UK Family Visa to see my 2 day old child. Bad Immigration History!

Post by Jordan30296 » Sat Mar 31, 2018 3:22 pm

Thank you so much everyone for giving me advice. I'm pretty confident about getting the visa. I have another question.

I don't have a traditional bank account. I have a prepaid debit card that I have been using for well over 5 years to receive my direct deposits, etc. Will prepaid debit card statements be enough? I don't bank with the big banks like Chase, Bank of America, etc.

Thanks!

Jordan30296
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Is a Contact Order required when applying for a UK Parent Visa?

Post by Jordan30296 » Tue May 15, 2018 1:12 am

Hi Everyone,

I am applying for a UK Parent Visa to exercise the right to access my child in the UK. My child is a British Citizen and is 1 month old. I never met my child yet and I need to be in my child life. I am applying outside of the UK (I live in the US)

Is a contact or residence order required? or can my child mother right a sworn affidavit giving me access or permission to see my child while I'm in the UK?

I am on the birth certificate and my child has my surname.

Thank you so much!

vinny
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Re: UK Family Visa to see my 2 day old child. Bad Immigration History!

Post by vinny » Tue May 15, 2018 1:21 am

vinny wrote:
Fri Mar 30, 2018 12:52 pm
Thanks Casa.

Posts merged.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
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Re: How do I get a UK court order if I am in the United States?

Post by vinny » Tue May 15, 2018 1:22 am

vinny wrote:
Fri Mar 30, 2018 12:40 pm
E -ECPT.2.4.(a) wrote:(ii) direct access (in person) to the child, as agreed with the parent or carer with whom the child normally lives or as ordered by a court in the UK; and
(b) The applicant must provide evidence that they are taking, and intend to continue to take, an active role in the child’s upbringing.
A court order is unnecessary, if the parent or carer with whom the child normally lives agrees to direct access (in person) to the child.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Jordan30296
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Posts: 21
Joined: Thu Mar 29, 2018 11:09 am
United States of America

Re: UK Family Visa to see my 2 day old child. Bad Immigration History!

Post by Jordan30296 » Tue May 15, 2018 1:37 am

Thanks Vinny! :)

Jordan30296
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What Visa type do I use on Visa4UK when applying for a Parent Visa?

Post by Jordan30296 » Thu May 17, 2018 3:17 pm

Hi Guys,

What Visa category or type I use on Visa4UK when applying for a Parent Visa to live with my child in the UK?

I am a little confused on which type to use.

Thank you so much!

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Re: UK Family Visa to see my 2 day old child. Bad Immigration History!

Post by CR001 » Thu May 17, 2018 3:28 pm

vinny wrote:
Tue May 15, 2018 1:21 am
vinny wrote:
Fri Mar 30, 2018 12:52 pm
Thanks Casa.

Posts merged.
Char (CR001 not Casa)
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