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Leave to Remain as a parent

General UK immigration & work permits; don't post job search or family related topics!

Please use this section of the board if there is no specific section for your query.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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kaos088
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Posts: 4
Joined: Tue Aug 18, 2015 1:07 pm

Leave to Remain as a parent

Post by kaos088 » Tue Aug 18, 2015 5:21 pm

Hi,

I have been in the UK for nearly six months now on a visitors visa. My ex girlfriend gave birth to my son in April this year. My intention was to just come for the birth but I have now bonded with him and can't imagine going back to the states without him, however, this isn't possible as the mother of my child and I are no longer together. I would like to stay and help raise my child.

My questions are:

I have two convictions in the U.S one is for burglary when I was young hanging with the wrong crowd. I served six months in jail and five years probation. The other was for a domestic issue with an ex-girlfriend when I was 18. I participated in a program for anger and I completed it successfully. Would this affect my application ? If so could anyone advise what the likely outcome would be?

Can I apply within the UK or do I have to go back to the U.S?

If anyone can help or if anyone has any advice I would really appreciate it.

Thanks.

kaos088
Newly Registered
Posts: 4
Joined: Tue Aug 18, 2015 1:07 pm

Re: Leave to Remain as a parent

Post by kaos088 » Tue Aug 18, 2015 7:55 pm

Anyone available to help? Please :)

noajthan
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Location: UK

Re: Leave to Remain as a parent

Post by noajthan » Tue Aug 18, 2015 8:06 pm

kaos088 wrote:Anyone available to help? Please :)
Well here's a starting point:
https://www.gov.uk/remain-in-uk-family/eligibility

It seems it may not be possible to switch from a short-term visitor visa.

Your past is likely be taken into consideration - what the UK authorities call good character is certainly a big issue as people progress towards UK naturalisation.
But I guess it's early days.

Good luck.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Casa
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Posts: 25817
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Leave to Remain as a parent

Post by Casa » Tue Aug 18, 2015 8:10 pm

You should have evidence that you have access rights to the child in the form of:
a Residence Order or a Contact Order granted by a Court in the UK; or a certificate issued by a district judge confirming your intention to maintain contact with the child
Return to the US and apply for entry as a person exercising access rights to a child resident in the UK. If successful you will being granted leave to enter the UK initially for a period of 12 months
(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.

kaos088
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Posts: 4
Joined: Tue Aug 18, 2015 1:07 pm

Re: Leave to Remain as a parent

Post by kaos088 » Tue Aug 18, 2015 8:40 pm

Thank you both to Casa and noajtha. I was under the impression that I could remain in the U.K. after my visa expired but during the 28 day Grace period. I was told this by a lawyer he told me that under ex 1 I could be eligible and apply within country. I also, was told that the visa would be for 2.5 years... was I told the correct information?

Wanderer
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Ireland

Re: Leave to Remain as a parent

Post by Wanderer » Tue Aug 18, 2015 8:50 pm

kaos088 wrote:Thank you both to Casa and noajtha. I was under the impression that I could remain in the U.K. after my visa expired but during the 28 day Grace period. I was told this by a lawyer he told me that under ex 1 I could be eligible and apply within country. I also, was told that the visa would be for 2.5 years... was I told the correct information?
No - switching from visit visa has not been possible since 2003 - except under extreme compassionate circumstances and much as I'm sure you'd beg to differ - these aren't.
An chéad stad eile Stáisiún Uí Chonghaile....

kaos088
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Posts: 4
Joined: Tue Aug 18, 2015 1:07 pm

Re: Leave to Remain as a parent

Post by kaos088 » Tue Aug 18, 2015 9:06 pm

Okay thanks. could someone explain to me what application form do I need to complete would it be the set o form or the flr flp form? Thanks so much

geriatrix
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Location: does it matter?
United Kingdom

Re: Leave to Remain as a parent

Post by geriatrix » Tue Aug 18, 2015 9:55 pm

Life isn't fair, but you can be!

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