Right of access to child questions

[Raghu_G]

Hi All,

I am in a similar situation, I got separated from my wife in October 2014 and we have a 2 year old son, who was born in the UK but holds a Indian passport.

Here is a brief background :
I came to the UK in July 2008 on HSMP dependent visa and currently on PBS dependent visa, my wife got her ILR earlier this year but I was not able to apply due to work and other reasons. Since 2009 I have held well paid jobs.
I was working but due to personal reasons had to resign in November 2014. I have a job offer but it is on hold due to my visa situation.
I have sufficient funds to sustain for atleast 6 months without a job.
I also have contact order from the court.

Can someone please advice :

1. Since I have completed 5 years and when I completed 5 years, we were together, on this basis am I eligible to apply for ILR. Is there anyway I can get a ILR ?
2. Am I eligible to apply for Right to access.

Thanks.

[Obie]

You might have qualified for ILR a long time ago,

Since 2013. Now that you are Separated, I am not sure 319 (E ) will be engaged.

In regards to you child the position is a bit unclear.

I am sure he can be registered as British or qualifies for ILR,but the cooperation of your estranged wife will be require

[Raghu_G]

Thanks Obie for your response.

Whats is 319 (E), is there a link where I can find details.

Regarding my child, he has PBS dependent visa which expiries in Jan 2015. I am sure she will apply for ILR or British passport, but not sure when.
Does my child need to have a ILR or British passport, for me to apply for Right to access visa. Is mother's ILR not sufficient ?

[Obie]

Paragraph 319E is the provision under which you could have applied if you and your wife were still in a subsisting relationship.

If your child is not British, has lived in the UK for 7 years of his life, or a Settled Person, you will have immense difficulty securing residency as a parent under appendix FM .

[Raghu_G]

Thanks again Obie, much appreciated.

I think she will apply for ILR or British for my child soon. I guess I need to get the details from her and try to apply on Child access basis.

[Obie]

Yeah.

I guess you are in good term, so you may not encounter difficulty in getting the necessary documents from her.

[Raghu_G]

Thanks very much Obie. Will post once I have some information.