Home office letter - parent application

I am a full uk citizen and have split with my partner and our children live with me permanently. For the past year I have had no financial contributions from him or any visits/ child contact. I have not pushed for anything legal as he is an unfit father and would cause more harm than good. I can financially survive without him

What I do know is, that he is trying to apply for a visa through his children and has now been trying to make contact after a year of radio silence.

My question is on what basis do home office accept a letter where I explain firstly our relationship status and then discuss my ex partners unsafe behaviour towards our children, his mental health conditions, lack of financial providing (but travels abroad regularly), lack of contact etc. Will this mean anything or is It a case of my words against his?
Certain things can be proved such as no payments and no contact. But he is unfit and has anger issues. He is on medication for his mental health. I have witnesses of his anger and rage. I can also give examples Of his behaviour that is neglectful towards the kids. But do they consider these things?

I just need advice on how serious this would be taken. I do not want my children’s safety to be at risk but is this all just circumstancial evidence ? Will this letter change his application status?

Leona wrote: ↑

Tue Nov 17, 2020 8:36 pm

Will this letter change his application status?

Regret to say no. If he is a biological father then may secure a leave under private daily route and also may counterclaim against you too. All you can do is to let the immigration authorities know regarding the broken down of relationship, and afterwards, it would be them to decide as what to enforce or grant.

Do they not have a duty of care to make sure my children are safe?

https://www.gov.uk/uk-family-visa/private-life
Thanks for the info - Is this what you mean by Applying based on private life? None of those pointers apply to him as he doesn’t meet their requirement. Is there any other basis for him to apply?

Leona wrote: ↑

Tue Nov 17, 2020 9:00 pm

Do they not have a duty of care to make sure my children are safe?

Nothing stops someone from calling police where their safety is at great risk

Leona wrote: ↑

Tue Nov 17, 2020 9:00 pm

https://www.gov.uk/uk-family-visa/private-life
Thanks for the info - Is this what you mean by Applying based on private life? None of those pointers apply to him as he doesn’t meet their requirement. Is there any other basis for him to apply?

Read some rules around it in full detail:

https://www.gov.uk/guidance/immigration ... d-evidence

https://www.google.com/url?sa=t&source= ... 8bapHV5vy0

Home office do care the safety of kids but this is not you who decide that father is dangerous to baby. Legal way is you need to go court and get full carer order on your name. Otherwise he will get Visa on the basis of private life and I m sorry to say you can not stop it

Yes I agree, I will make arrangements with the court.

I have read through the family policy and private life route. He has lived 30 odd years in his home country, he has absolutely no reason not to integrate back to his “home”.

Page 62 covers “continued residence for an unbroken period”. It talks about what is not considered a broken period but what is the length of continued residence? Would 2.5 years suffice as continued residence??

Also.. point (iii) left the UK in circumstances in which he could have had no reasonable expectation at the time of leaving that he would lawfully be able to return.

If a flight is taken during a pandemic and warning of flight closures, does this mean he could have had no reasonable expectation at the time of leaving that he would be able to return? The flight was taken for leisure and to see family.

Thanks

Leona wrote: ↑

Fri Nov 20, 2020 10:36 pm

.

I have read through the family policy and private life route. He has lived 30 odd years in his home country, he has absolutely no reason not to integrate back to his “home”.

That could have made his case considerably weakened if he wasn't the father of British children which isn't the case now. Because, there would be insurmountable obstacles for kids to relocate outside of UK and that what will facilitate his claim.

He doesn’t want his kids to relocate. Unfair is an understatement really. This man doesn’t want anything to do with his children but wants to remain in this country and sadly he will most likely be granted that.


does applying through private life mean I have no involvement in the case? When I declare separation is it worth mentioning he can easily integrate back to his home country as
1) he is paying for healthcare over there
2) recently travelled there
3) family lives there
4) no contact with me & kids

I guess my question is, do I pursue home office or legal?

Leona wrote: ↑

Sat Nov 21, 2020 1:42 pm

He doesn’t want his kids to relocate. Unfair is an understatement really. This man doesn’t want anything to do with his children but wants to remain in this country and sadly he will most likely be granted that.


does applying through private life mean I have no involvement in the case? When I declare separation is it worth mentioning he can easily integrate back to his home country as
1) he is paying for healthcare over there
2) recently travelled there
3) family lives there
4) no contact with me & kids

I guess my question is, do I pursue home office or legal?

There is really not so much you can do to sway the possibility of his getting to stay or not. If he has not done anything to complicate his life and be seen as threat to larger society, the HO will evaluate the merit of the case and proceed to decide accordingly.