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EXERCISING RIGHTS OF ACCESS TO A CHILD RESIDENT IN THE UK

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

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southafricavisa
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EXERCISING RIGHTS OF ACCESS TO A CHILD RESIDENT IN THE UK

Post by southafricavisa » Mon Feb 01, 2010 4:24 am

I stumbled across this forum and so glad i did! I have had many sleepless nights due to my situation. Hopefully there is someone out there that can help me!

Hi I Have been living in the uk since november 2004 and still currently am.

I am south african originally came over to the uk on a two year working holiday.

When that visa expired i got a 1 year extension of stay as a student, i then got married to a uk citizen on the 30/05/2007 who was under the age of 18 at the time and i had her parents consent, when my student visa expired i got granted further leave to remain for a further two years in a spousal category.

I am now nearing the end of the two years but since being married we had a child together born on the 8/07/2008. Since then our marriage has broken down! We never went the legal route ever. She was violent and abusive to me and the police was called to our address once!

But we are not currently living together, I still see my child on a regular and constant basis, my wife has written a letter to this affect as stated in part 7 of the immigration rules. I know my wife is claiming child tax credits and very recently in the last month or so housing benefit.

We have discussed maybe getting back together in the future. Which application should i make and what supporting documents are required any help would be most welcomed!!

My current spousal visa expires on the 12/02/2010. I dont have a fixed address. My sister is here in the uk and is taking up a new tenancy with her husband, she has offered to help me by putting my name on the tenancy agreement, will this help my application.

I am currently unemployed, but have a job offer as soon as my visa is back in date, I currently don't have any finances or a bank account!!

PLEASE HELP WITH WHICH ROUTE I SHOULD GO AND WHAT DOCUMENTATION I NEED TO SUPPORT MY APPLICATION!!

mochyn
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Post by mochyn » Mon Feb 01, 2010 10:37 am

''Living here for over 5 years and no bank account''
How does that happen?

Anyway you cannot claim an ILR based on your spousal visa as you do not live with your spouse.
Your best bet is to apply for discretionary leave to remain but it will take a long time to process.
If your job offer is still open after you get approval you would be very very lucky

You seem to be desperate to stay in the UK so the easy and quickest way for you is not an option you want to consider

Also since you are on a spousal visa you are not entitled to public funds so how are you supporting yourself?

immigrationuk2009
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Post by immigrationuk2009 » Mon Feb 01, 2010 11:42 am

Hi

Solution is very simple..If your wife is willing to give you a sworn statement(Affidavit) that you can see your son regularly..Then you have no problem in applying for access to child visa under rule 248A..You also needs to prove that you can accommodate and maintain yourself without resource to public funds..

You have a very little time lefe..Other solution is apply for contact Order and send you application to home office for access to child visa saying you are waiting for court proceedings...Home office can give you leave for court proceedings and when you have order you can apply for contact order..

Hope answer the question..

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southafricavisa
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Post by southafricavisa » Mon Feb 01, 2010 1:25 pm

Hi Thank you everybody for your replies. Much appreciated

Let me try explain things best i can
mochyn wrote:''Living here for over 5 years and no bank account''
How does that happen?
I have been living here 5 years yes. I did have a bank account my spouse and i got into debt which was all in my name, which i cant pay back due to my situation. Therefore i dont have access to an account anymore. My wife did give me a basic bank account to use that is in her name, but its in her name.
mochyn wrote:Also since you are on a spousal visa you are not entitled to public funds so how are you supporting yourself?
I have uncles with IDL that help me out sometimes. I have done self employment sub contracting work aswell. My current living conditions are a long story but basically i moved into a shared accomodation, the landlord did a runner one of the people living here phoned up the council as they belived too many people were living here, council said everyone should cease to pay rent which we did two moinths later and we still here. No paperwork to support any of this :(
immigrationuk2009 wrote: Solution is very simple..If your wife is willing to give you a sworn statement(Affidavit) that you can see your son regularly..Then you have no problem in applying for access to child visa under rule 248A..You also needs to prove that you can accommodate and maintain yourself without resource to public funds..
I have got a written letter from my wife to that effect with her signature it is not a sworn affidavit though as i read in part 7 of the rules it didnt need to be sworn? as stated in the rules.

a statement from the child's other parent (or, if contact is supervised, from the supervisor) that the applicant is maintaining contact with the child;

Now my question is can i make this application, because now my marriage is not subsisting due to us not living together and her claiming benefits? am i not a illegal citizen? doesnt this mean i would have to apply from outside the uk ?

I hasve done quite alot of research on this, also couldnt i apply as a victim of domestic violence in part 8 of the rules?

Again what documentation can i use to support this

Would my sisters address be enough for part 7 248 (ix)

"accommodation for the applicant and any dependants without recourse to public funds in accommodation which the applicant owns or occupies exclusively"

southafricavisa
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Post by southafricavisa » Mon Feb 01, 2010 1:35 pm

Hi once again!
immigrationuk2009 wrote:You have a very little time lefe..Other solution is apply for contact Order and send you application to home office for access to child visa saying you are waiting for court proceedings...Home office can give you leave for court proceedings and when you have order you can apply for contact order..
What is the procedure for going about applying for a contact order?

immigrationuk2009
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Post by immigrationuk2009 » Mon Feb 01, 2010 8:16 pm

Hi
southafricavisa wrote:Hi once again!
immigrationuk2009 wrote:You have a very little time lefe..Other solution is apply for contact Order and send you application to home office for access to child visa saying you are waiting for court proceedings...Home office can give you leave for court proceedings and when you have order you can apply for contact order..
What is the procedure for going about applying for a contact order?
To resolve little confusion..First you dont need statement to be sworn as you are in UK..This is for oversea application...But this statement should be detailed that how often you can see your son and where contact would take place ect.

If you have this statement then you dont need contact order...

Documents needed to file access to child application..

1.Contact Order/Or Yours wife statement
2.Child birth certificate..Yours name as father
3.Child photographs with you..Any cards sents..Or any gifts sent
4.Child maintenance if you are paying through Child support agency or through your bank account
5.p60+pay slips+employer letter
6.Your three month bank account
7.Tenancy agreement
8.Utility bills or letter on your address
9.any past work experience or qualification

You are very weak on maintenance..so looking very difficult


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immigrationuk2009
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Post by immigrationuk2009 » Mon Feb 01, 2010 8:20 pm

southafricavisa wrote:Hi once again!


What is the procedure for going about applying for a contact order?
Download and fill form C1 from Family Court web site and submit where child is residing family court with correct application fee(I think £75)..Then you have to wait for hearing..This is very easy form..Just needs basic details..

You should also consult some family solicitor who deals in legal aid and in your case you would easily get legal aid..

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southafricavisa
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Post by southafricavisa » Tue Feb 02, 2010 4:24 pm

Hi Immigrationuk2009.

Thank you for that helpful information, how would i go about getting legal aid what proof would i need to receive it?

I have paid cash to my wife as and when i have had employment im sure she would vouch for this as well.

thank you

southafricavisa
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Post by southafricavisa » Tue Feb 02, 2010 4:36 pm

Another question I have is this.

As my wife and I are still legally married but living apart and I am seeing my daughter regularly at my wifes address ie every weekend or more and we have never been legally separated, we even speak about getting back together and we have done so in the past.

The only problem I feel i might have going the spouse route is because she has been claiming child tax credits as a single parent and income support and now housing benefit, where do i stand going the spouse route and claiming for IDL.

What I am meaning is if i move back in with her, what would happen to her benefit situation? She wants to do everything she can to help me stay and maybe even get back together but we both confused what would happen as she has a council house etc. If anyone could shed some light on this it would be very helpful thanks.

prettypolitical
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Post by prettypolitical » Tue Feb 02, 2010 10:51 pm

southafricavisa

your wife is entitled to these benefits in her own right....you can move back in and inform all relevant agenices (benefits agency and tax credits council etc), theres no problem.....but you still havent prepared your application for ILR?....what do you propose to do about that?....you are running out of time i am afraid!...think you need to stop being confused and get it sorted for you and your family! :?
???REUNITED???

immigrationuk2009
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Post by immigrationuk2009 » Wed Feb 03, 2010 5:47 pm

Hi
southafricavisa wrote:Another question I have is this.

As my wife and I are still legally married but living apart and I am seeing my daughter regularly at my wifes address ie every weekend or more and we have never been legally separated, we even speak about getting back together and we have done so in the past.

The only problem I feel i might have going the spouse route is because she has been claiming child tax credits as a single parent and income support and now housing benefit, where do i stand going the spouse route and claiming for IDL.

What I am meaning is if i move back in with her, what would happen to her benefit situation? She wants to do everything she can to help me stay and maybe even get back together but we both confused what would happen as she has a council house etc. If anyone could shed some light on this it would be very helpful thanks.
First you cant visit any family solicitor in your area who do legal aid...This is very easy you can search on internet which solicitors do legal aid.

2.For access to child visa your wife benefits would have no affect on your visa....For spouse route indeed these have affect on your visa as these comes under public funds..So access to child visa is good option if you can get statement from your girl friend.

Without her help you would not be able to get ILR as she has to sign application form.

Hope answer the question.

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