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mammamelon
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advice and options

Post by mammamelon » Thu Dec 28, 2006 1:44 pm

Hello all, been reading the posts on this site and it's like a mine of information. I just need to ask so the answers I get are apply directly to me and my situation.

I am from Malawi on a student visa, have a child with an English guy, child is 1yo and our relationship broke down and he wants nothing to do with me/my status/our child.

I have met and fallen in love with a lovely man and we now exploring what options are available to us, getting married is the obvious one but are there any others?

John
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Post by John » Thu Dec 28, 2006 2:27 pm

You don't say if you are living with the "lovely man" but if you are, once you have lived together for at least two years you could apply for a UPV ... unmarried partner visa.

But getting married would simplify the visa process (but no one should ever get married just because of a visa situation).

How long is left on your current student visa? And when that visa was issued, how long was it issued for? And when do you intend to end your studies?
John

mammamelon
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Post by mammamelon » Thu Dec 28, 2006 2:35 pm

Thank you for your quick reply, no we are not living together but are looking for a place to live at the moment. My visa expires in 12/07 and i haven't returned to study since i gave birth (for various reason, mostly with my ex who was my sponsor, and the shoddiness of my college). I will start college again in February, but was advised that due to impending changes i might not be able to get an extention. My visa was issued in 12/04. it was issued for 3 years +/- a few days.

John
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Post by John » Thu Dec 28, 2006 2:53 pm

Quite clearly you will not have been living with "lovely man" for 2 years when your current student visa expires, and getting an extension to that student visa might be problematic.

So I think your options might be limited to applying for a spouse visa, of course following marriage. And in order to get married in the UK you will need to apply for a CoA ... a Certificate of Approval to Marry.

I think you have some discussing to do with "lovely man"!
John

mammamelon
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Post by mammamelon » Thu Dec 28, 2006 3:05 pm

me and lovely man have indeed discussed it (the title made me laugh) and looks like we have more discussing to do. i have seen several post on getting married so i'll read through them for advice. Thanks for your help.

JAJ
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Re: advice and options

Post by JAJ » Fri Dec 29, 2006 12:27 am

mammamelon wrote:I am from Malawi on a student visa, have a child with an English guy, child is 1yo and our relationship broke down and he wants nothing to do with me/my status/our child.
Assuming you were not married to the English father of the child, and based on what you say about the child's age, you should be aware that the child is not a British citizen by birth.

Is the father named on the birth certificate? If so, you should be able to get the child registered as a British citizen.

mammamelon
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Post by mammamelon » Fri Dec 29, 2006 1:40 am

thanks for that tip, it never occurred to me before, so will definately do that. many thanks

JAJ
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Post by JAJ » Fri Dec 29, 2006 2:13 am

mammamelon wrote:thanks for that tip, it never occurred to me before, so will definately do that. many thanks
Is the father named on the birth certificate or not? It may also affect his parental rights.

mammamelon
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Post by mammamelon » Fri Dec 29, 2006 1:59 pm

yes he is named on the birth certificate. could you tell me how it affects his parental rights. also i was going to ask if i should resume studies before i attempt applying the certificate of approval.

JAJ
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Post by JAJ » Fri Dec 29, 2006 3:32 pm

mammamelon wrote:yes he is named on the birth certificate. could you tell me how it affects his parental rights.
In England and Wales, for children born on or after 1 December 2003, an unmarried father automatically acquires "parental responsibility" if he is named on the birth certificate. Parental responsibility can be withdrawn by a court order.

If you are in Scotland or Northern Ireland this may be different.

You should see a good family law solicitor to discuss this further.

In order to register your child as a British citizen, you need to complete form MN1 and send it to the Home Office Immigration and Nationality Directorate in Liverpool. The fee is GBP200 and processing time is normally within a few months. Once your child has a Certificate of Registration as a British citizen, you can go to the Passport Office and get her a British passport.

The Home Office doesn't publish any guidance on registering a child like your daughter as a British citizen. However you can read the staff instructions in section 9.9 of this document:
http://www.ind.homeoffice.gov.uk/docume ... iew=Binary (pdf)

The supporting evidence you need to supply is:

- your child's birth certificate (long form) naming both parents. This normally proves paternity
- acopy of your own birth certificate and passport ID page
- proof the child's father is a British citizen. If he was born in the UK before 1983, then a copy of his birth certificate should be acceptable. If you know where and when he was born, you should be able to get a copy from the GRO : http://www.gro.gov.uk

The Home Office may ask for the father's consent for the child to be registered as British (depending on whether they understand the post 2003 law change on parental responsibility). However, if consent is not given, or if he were just to say no without giving any good reason, then they would not take his views into account.

mammamelon
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thanks

Post by mammamelon » Wed Jan 03, 2007 2:55 pm

Thank you, i have started putting together the documents you have outlined for me. Can anyone tell me though if i need to return to study before i apply for the COA. thanks in advance

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