Dependent Separated

Hi All,

I need some advice / help, here is a brief background :

I came to the UK in July 2008 on HSMP dependent visa and currently on PBS dependent visa, my wife got her ILR earlier last year, but I was not able to apply due to work and other reasons. Since 2009, I have held well paid jobs.
Our child was born in the UK in 2013 and holds Indian passport. In mid-2014, we got separated. I was in process of applying ILR, so I went ahead and applied just after we got separated without any supporting documents from my partner. I applied via same day service, since I did not have any supporting documents from the main applicant, the case worked said they need more time to review. Few weeks back my partner applied for divorce.

Can someone please advice :

1. Should I write to the home office and tell them that we are separated and vary my application to Right to access (I have a contact order)
I have a lawyer, they have advised to wait till home office respond, but my concern is, I do not want home office to think that I was trying to deceive and obtain visa.

2. If they refuse, will they give time to appeal or will they say to pack my back and go ?

3. If I appeal, will the terms of my current visa still be valid (i.e. to live and work ) ?

I am really concerned, I want to be with my child and if I have to go back, my child will be alienated from father.

Any advice would be appreciated.

Well i guess you are not covered by the rules, and an application for right to access is likely to fail, as your child born in the UK is 2013 is not British or has lived here for 7years.

Are you and your wife in good terms, and is she prepared to register your child as British?

At some point, you may need to withdraw the application, or wait for it to be refused.

In the meantime you could consider getting your wife to register your son.

If your child is settled? Then Family life as a parent of a child in the UK should be acceptable.

Thanks Obie, I can try to get our child to be registered but she might not agree.

Thanks Amber, What does settled mean ? my child has lived majority of life in the UK & mother has ILR and she'll have british passport shortly.

Raghu_G wrote:Thanks Obie, I can try to get our child to be registered but she might not agree.

Thanks Amber, What does settled mean ? my child has lived majority of life in the UK & mother has ILR and she'll have british passport shortly.

Well its upto you both adults to look what's in best interest of your child. Please do try and try again to discuss and sort the issues in the best interests of the child.

Settled means free of immigration restrictions, like having ILR or ILE.

If she is going for naturalisation (as you mention), she has the custody of the child (as you have contact order) then baffles me why she wouldn't want to register child as British?