Relationship breakdown and leave to remain

Hello everyone,

Need some help here,
about 2 years ago I had 10 years discretionary leave based on my partner, we have a son together, and unfortunately now the relationship has broken down as we are locked up in a very bad battle.

As I initially had 2.5 years which will be renewed 4 times, i would need to renew my current stay in about 8 months which will not happen as I have now split up with my partner.

I am aware, I need to inform the home office about our broken down relationship but don’t know how to move forward from there.

I plan on applying for a stay based on my son who is a British citizen, he stays with me during the weekends, my partner has main custody of my son (I have a very good relationship with my child and it will kill me to get separated from my child). My problems applying to stay for my child are:

1. My partner has my child’s passport and birth certificate and I know she won’t give it to me. Do I need these to apply for leave to remain based on my child?
2. Do I need y partners support to apply for leave to remain based on my child?
3. I heard of a new rule saying there are no more in country appeal rights, just incase it gets refused which I hope and pray not to, does that mean i’ll leave the country before i can re apply or appeal?
I would really appreciate someone helping me out here with some advice.

Thank you in advance

You will need evidence of your son's citizenship which may not necessarily means his passport. I am sure the UKVI will have evidence of his mother's status, which will help determine your son's status.

You need a written agreement that you have contact with child .

The mother may need to confirm that you are playing a role in his life.

gbesemang wrote:Hello everyone,

Need some help here,
about 2 years ago I had 10 years discretionary leave based on my partner, we have a son together, and unfortunately now the relationship has broken down as we are locked up in a very bad battle.

As I initially had 2.5 years which will be renewed 4 times, i would need to renew my current stay in about 8 months which will not happen as I have now split up with my partner.

I am aware, I need to inform the home office about our broken down relationship but don’t know how to move forward from there.

I plan on applying for a stay based on my son who is a British citizen, he stays with me during the weekends, my partner has main custody of my son (I have a very good relationship with my child and it will kill me to get separated from my child). My problems applying to stay for my child are:

1. My partner has my child’s passport and birth certificate and I know she won’t give it to me. Do I need these to apply for leave to remain based on my child?
2. Do I need y partners support to apply for leave to remain based on my child?
3. I heard of a new rule saying there are no more in country appeal rights, just incase it gets refused which I hope and pray not to, does that mean i’ll leave the country before i can re apply or appeal?
I would really appreciate someone helping me out here with some advice.

Thank you in advance

Just to chip in, I attended a PEO office to renew my LTR in this category back in Sep. You should be aware that they will want to see evidence that you are actively involved in raising your son. e.g. Letter from his school confirming you are known to them and your involvement, reference from professionals . E.t.c. If you also got pictures, stack em' up.

In my case 3 letters was enough! Headteacher, Lawyer friend , Swimming instructor (My son kid goes swimming every weekend). If you have any queries, let me know..

Choc-Ice wrote:

gbesemang wrote:Hello everyone,

Need some help here,
about 2 years ago I had 10 years discretionary leave based on my partner, we have a son together, and unfortunately now the relationship has broken down as we are locked up in a very bad battle.

As I initially had 2.5 years which will be renewed 4 times, i would need to renew my current stay in about 8 months which will not happen as I have now split up with my partner.

I am aware, I need to inform the home office about our broken down relationship but don’t know how to move forward from there.

I plan on applying for a stay based on my son who is a British citizen, he stays with me during the weekends, my partner has main custody of my son (I have a very good relationship with my child and it will kill me to get separated from my child). My problems applying to stay for my child are:

1. My partner has my child’s passport and birth certificate and I know she won’t give it to me. Do I need these to apply for leave to remain based on my child?
2. Do I need y partners support to apply for leave to remain based on my child?
3. I heard of a new rule saying there are no more in country appeal rights, just incase it gets refused which I hope and pray not to, does that mean i’ll leave the country before i can re apply or appeal?
I would really appreciate someone helping me out here with some advice.

Thank you in advance

Just to chip in, I attended a PEO office to renew my LTR in this category back in Sep. You should be aware that they will want to see evidence that you are actively involved in raising your son. e.g. Letter from his school confirming you are known to them and your involvement, reference from professionals . E.t.c. If you also got pictures, stack em' up.

In my case 3 letters was enough! Headteacher, Lawyer friend , Swimming instructor (My son kid goes swimming every weekend). If you have any queries, let me know..

Thank you Choc-Ice and Obie for your replies, upon research I found PEO is the premium service which is what I will go for.
I can get a lot of letters, pics and more.
1. May I ask if the mother of your child had to write any suporting statement to prove you taking a role in your son's life, or you dis she have to give you any documents from her(e.g child passport etc) as I know my ex may not be willing to support me in anyway.

2. Roughly how long did it take you to get an appointment.

3. I don't know if you could help but may be Obie: as i have about 8 months left on my current Leave to remain which is based on my partner, do I have to cancel that and apply based on my child or can i wait for my current LTR (based on my ex) to lapse after 8 months then I make a fresh application based on my child.

I appreciate you taking your time.

Regards

Home Office usually recommend that people notify Home Office of Change of circumstances that may affect their continued eligibility to the basis of their stay in the UK. So yes you will need to inform them. I law , I don't believe there is any sanction for failure to notify.

gbesemang wrote:

Choc-Ice wrote:

gbesemang wrote:Hello everyone,

Need some help here,
about 2 years ago I had 10 years discretionary leave based on my partner, we have a son together, and unfortunately now the relationship has broken down as we are locked up in a very bad battle.

As I initially had 2.5 years which will be renewed 4 times, i would need to renew my current stay in about 8 months which will not happen as I have now split up with my partner.

I am aware, I need to inform the home office about our broken down relationship but don’t know how to move forward from there.

I plan on applying for a stay based on my son who is a British citizen, he stays with me during the weekends, my partner has main custody of my son (I have a very good relationship with my child and it will kill me to get separated from my child). My problems applying to stay for my child are:

1. My partner has my child’s passport and birth certificate and I know she won’t give it to me. Do I need these to apply for leave to remain based on my child?
2. Do I need y partners support to apply for leave to remain based on my child?
3. I heard of a new rule saying there are no more in country appeal rights, just incase it gets refused which I hope and pray not to, does that mean i’ll leave the country before i can re apply or appeal?
I would really appreciate someone helping me out here with some advice.

Thank you in advance

Just to chip in, I attended a PEO office to renew my LTR in this category back in Sep. You should be aware that they will want to see evidence that you are actively involved in raising your son. e.g. Letter from his school confirming you are known to them and your involvement, reference from professionals . E.t.c. If you also got pictures, stack em' up.

In my case 3 letters was enough! Headteacher, Lawyer friend , Swimming instructor (My son kid goes swimming every weekend). If you have any queries, let me know..

Thank you Choc-Ice and Obie for your replies, upon research I found PEO is the premium service which is what I will go for.
I can get a lot of letters, pics and more.
1. May I ask if the mother of your child had to write any suporting statement to prove you taking a role in your son's life, or you dis she have to give you any documents from her(e.g child passport etc) as I know my ex may not be willing to support me in anyway.

2. Roughly how long did it take you to get an appointment.

3. I don't know if you could help but may be Obie: as i have about 8 months left on my current Leave to remain which is based on my partner, do I have to cancel that and apply based on my child or can i wait for my current LTR (based on my ex) to lapse after 8 months then I make a fresh application based on my child.

I appreciate you taking your time.

Regards

Hi Gbesemang,

To answer your questions;

1- Yes, I did attach a letter which was signed by my Son's mother confirming the arrangement and roles we both play (To be honest, the case officer on the day said the letter carries little weight as anyone can make that up). He was more concern with the professional ref more than anything. I did have all the documents from the initial application, Birth certificate, passport copies ( i didn't really need to ask her for that). Only new documents I added was tenancy agreement for myself, work contract,payslips and personal bank statements.

2- I was able to get one in Cardiff within 2 weeks, there was load of appointment to my surprise!

3- Like Obie said there's no sanction for failure to notify..I didn't notify them of anything from the first grant and no was said anything when I attended the appointment.

Hope this helps..