Separation after 2.5 years

[Pebbles]

Hi,

I wanted to find out if it is possible to gain ILR through my child who is British as I am going through a divorce.

I do not have any contact with my child and haven’t seen my ex family in 6 months. How will this affect my case ?

Many thanks for advice

[CR001]

Switching to parent route, provided you have all the mandatory evidence, resets your 5 year ilr clock to zero.

You are required to submit evidence of contact with the child, responsibility for decision about the child, loads of supporting evidence from your ex and service providers such as school and go etc etc. It isn't simply a visa that lets you stay based on a child you have no formal arrangements with and you go about your own life.

[Pebbles]

Thanks for your response.

My daughter is 1 so hasn’t started school. My ex doesn’t allow me to visit and has made it difficult for me to make contact with her.

This is making it difficult to collect evidence. If I do get a chance to see her please can Anyone advise what specific evidence I need. How do I prove contact? Financial requirement?

[CR001]

You should read the FLR fp guidance notes.

You should also seek access rights through the legal system.

[Pebbles]

Please advise where can I find FLR fp guidance notes?

Thanks

[Pebbles]

Please advise where can I find FLR fp guidance notes?

Thanks

[CR001]

https://www.gov.uk/government/publicati ... form-flrfp

https://www.gov.uk/uk-family-visa/parent

[Pebbles]

Can anyone share if they got stay via private life even though they have children ?

[Pebbles]

I have been told I am not allowed to make a new post so a reply here would be great.

Another question:
do I have to show evidence of separation ie a divorce certificate if I choose to apply as a parent rather than spouse as we are separated?

Also are private life visas commonly accepted?

[Pebbles]

If sponsor has reported to home office of long term separation will home office update or contact both parties? How does it work beyond this point?

I already know the 60 day curtailment period. There is less than 60 days left on visa before application is needed. we have a child together but requirements cannot be met for this visa. This visa was spouse originally

Thank you for help

[CR001]

Ukvi will communicate only with the person holding the visa. If your visa is due to expire in less than 60 days, you are unlikely to receive a curtailment letter.

Why can't you meet the requirements for FLR FP parent based on the child? Is the child British or not? Does the child have a visa? Are you the mother or the father of the child?

[CR001]

Topics merged!!

[Pebbles]

Ukvi will communicate only with the person holding the visa. If your visa is due to expire in less than 60 days, you are unlikely to receive a curtailment letter.

What will I receive instead?

Why can't you meet the requirements for FLR FP parent based on the child? Is the child British or not? Does the child have a visa? Are you the mother or the father of the child?

My child is british but I do not meet this requirement:
You must be able to prove that you’re taking an active role in your child’s upbringing and you plan to continue after you apply.

[CR001]

Why haven't you addressed this issue since you're asked last year? There are processes in the UK you can follow to get access to your child.

[Pebbles]

I have looked at legal advice and help. But things are on hold financially so I wanted to find out how home office view these cases

[vinny]

If E-LTRPT.2.4.

(a) The applicant must provide evidence that they have either-

• (i) sole parental responsibility for the child, or that the child normally lives with them; or
• (ii) direct access (in person) to the child, as agreed with the parent or carer with whom the child normally lives or as ordered by a court in the UK; and

(b) The applicant must provide evidence that they are taking, and intend to continue to take, an active role in the child’s upbringing.

fails, then R-LTRPT.1.1. (c) and (d)

(a) the applicant and the child must be in the UK;
(b) the applicant must have made a valid application for limited or indefinite leave to remain as a parent or partner; and either
(c)

• (i) the applicant must not fall for refusal under Section S-LTR: Suitability leave to remain; and
• (ii) the applicant meets all of the requirements of Section ELTRPT: Eligibility for leave to remain as a parent, or

(d)

• (i) the applicant must not fall for refusal under S-LTR: Suitability leave to remain; and
• (ii) the applicant meets the requirements of paragraphs E-LTRPT.2.2-2.4. and E-LTRPT.3.1-3.2.; and
• (iii) paragraph EX.1. applies.

fails. Then D-LTRPT.1.1. fails and D-LTRPT.1.2.

If the applicant meets the requirements in paragraph R-LTRPT.1.1.(a), (b) and (d) for limited leave to remain as a parent, or paragraph GEN.3.2.(3) applies to an applicant for leave to remain as a parent, the applicant will be granted leave to remain for a period not exceeding 30 months and subject to a condition of no recourse to public funds unless the decision-maker considers, with reference to paragraph GEN.1.11A., that the applicant should not be subject to such a condition, and they will be eligible to apply for settlement after a continuous period of at least 120 months in the UK with such leave, with limited leave to remain as a parent granted under paragraph D-LTRPT.1.1., or in the UK with leave to enter granted on the basis of entry clearance as a parent granted under paragraph D-ECPT.1.1. or D-ECPT.1.2.

may also fail, unless GEN.3.2.

(3) Where the exceptional circumstances referred to in sub-paragraph (2) above apply, the applicant will be granted entry clearance or leave to enter or remain under, as appropriate, paragraph D-ECP.1.2., D-LTRP.1.2., D-ECC.1.1., D-LTRC.1.1., D-ECPT.1.2., D-LTRPT.1.2., D-ECDR.1.1. or D-ECDR.1.2.

applies.

[Pebbles]

Hi,

I have now referred to court and will wait for judgement on what court order will be. My lawyer says will get supervised contact . How can I prove “active role “ if I am only allowed 1-2 hours a week in a contact centre . No public trips, no doctors dentist appointment , no nursery contact etc

Will it be possible to gain visa this way ?

[Pebbles]

Any help or should I start a new topic ?