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Switch visit visa to parent visa

General UK immigration & work permits; don't post job search or family related topics!

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Hackpit10
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Jamaica

Switch visit visa to parent visa

Post by Hackpit10 » Sat Jul 30, 2022 12:54 pm

Hi,

I am an overstayer. I came to the UK as a visitor and after 2 years I was then in a relationship with a British lady. Fast forward a year we had a baby and I have PR however due to my status I cannot work. My relationship broke down after 18 months and then my ex partner started court proceedings for a non molestation order. It was ordered for a year and I did not break it.

Now I have started court proceedings for child arrangement and I get to have 2hrs every other weekend but I want it to increase and go to overnights and be involved with decision making for my child’s education and medical but mother won’t let me and says I am abusive. With just a court order that says overnights and if I manage to pay mother maintenance would this be enough for parent visa going down the human rights act article 8? Please help! Thank you

Hackpit10
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Joined: Thu May 20, 2021 8:57 am
Jamaica

Re: Switch visit visa to parent visa

Post by Hackpit10 » Sat Jul 30, 2022 9:18 pm

Any support with this?

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Casa
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Re: Switch visit visa to parent visa

Post by Casa » Sun Jul 31, 2022 11:00 am

You will need to show more involvement and parental responsibility in your child's life than paying maintenance. The fact that you appear to have no legal status in the UK as an overstayer and there was a previous non-molestation order issued by the Court you need legal advice, which is probably beyond the realms of the non-professional members on the forum.

If you are unable to work, how are you supporting yourself financially?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Hackpit10
Newly Registered
Posts: 4
Joined: Thu May 20, 2021 8:57 am
Jamaica

Re: Switch visit visa to parent visa

Post by Hackpit10 » Sat Aug 06, 2022 10:51 am

Thank you. So having overnights you are saying may not be enough?

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Casa
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Re: Switch visit visa to parent visa

Post by Casa » Sat Aug 06, 2022 1:12 pm

Hackpit10 wrote:
Sat Aug 06, 2022 10:51 am
Thank you. So having overnights you are saying may not be enough?
Unlikely to be sufficient. See the official guidance below:
What you’ll need to prove
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.

Send evidence that:
comes from the government, school, court or a medical professional
shows you’re living with or caring for your child
is less than 4 years old
You can use things like:

a letter from your child’s school confirming you take them to school or go to parent evenings
a letter to your address from the local authority confirming your child’s school
a letter from your child’s doctor, dentist, or health visitor confirming that you take them to appointments
court order paperwork confirming that your child lives with you or that you’re taking an active role in their upbringing
You need permission from the court to use court order paperwork as evidence in your application. Send written proof that the court has given you permission when you apply - for example, a letter from the court.

If you do not have any evidence that meets this criteria, there is other evidence you can provide instead. However, it’s less likely that you’ll be given a visa in this case.

Other evidence you can provide includes:

a parental agreement drafted by a solicitor and signed by you and the child’s other parent
a letter from HMRC confirming that you’re claiming Child Tax Credit
social services paperwork confirming that you spend time with your child, or that you’re applying for access
Things like greetings cards, photographs and text or social media messages are not considered strong evidence of your role in your child’s upbringing and are unlikely to help your application
.


https://www.gov.uk/uk-family-visa/parent
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Hackpit10
Newly Registered
Posts: 4
Joined: Thu May 20, 2021 8:57 am
Jamaica

Re: Switch visit visa to parent visa

Post by Hackpit10 » Mon Aug 15, 2022 8:49 am

Many thanks, really helpful. Will look into it further

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