A father to be, in a dilemma

[duke2020]

Hi, I am glad to have found this site and I hope someone would be in a position to give me some advice.

I was initially granted 2.5 years leave to remain under the 10 year partner route and I later switched into the 5 year route to settlement. This visa will expire at the end of 2016. However my wife and I have been separated but we are not going to divorced yet. We were together for 10 years and married for 7 years. When the relationship began we were both overstayers but she was eventually granted ILR through Legacy and she eventually became a naturalised citizen 4 years ago. As far as I am aware my ex-wife has not yet informed the Home Office that we no longer live together and she said she would keep it that way until I've secured my ILR in 2019. The separation was an amicable one and we've remained friends. However, she makes demand from me for all sorts of assistance and each time I feel almost pushed to do it because I may need her in future. In the past when I had politely told her that I couldn't assist her with one request or another (mostly financial) she had been quick to remind me that I am still in this country because she allowed me to, which I interpreted to mean that if I didn't cooperate with her she would cancel the visa.

I have started a new relationship with someone who is a British citizen and she's 3.5 months pregnant with our first child.

I want to find out when the baby is born if it would be possible for me to write to the Home Office to inform them that my marriage is no longer subsisting and that I would like to switch so as to be granted leave to remain on the basis of my current partner who is british and our child who will be a british citizen through his/her mother.

[noajthan]

...

I was initially granted 2.5 years leave to remain under the 10 year partner route and I later switched into the 5 year route to settlement. This visa will expire at the end of 2016. However my wife and I have been separated but we are not going to divorced yet.

As far as I am aware my ex-wife has not yet informed the Home Office that we no longer live together and she said she would keep it that way until I've secured my ILR in 2019. The separation was an amicable one and we've remained friends.

However, she makes demand from me for all sorts of assistance and each time I feel almost pushed to do it because I may need her in future.

In the past when I had politely told her that I couldn't assist her with one request or another (mostly financial) she had been quick to remind me that I am still in this country because she allowed me to, which I interpreted to mean that if I didn't cooperate with her she would cancel the visa.

- This is not what friends do for each other.

It appears your original visa has been abused already - are you sure you still have a legal basis for continued residency in UK?

I want to find out when the baby is born if it would be possible for me to write to the Home Office to inform them that my marriage is no longer subsisting and that I would like to switch ...

- You cannot expect HO to work around you to your timelines if the validity of the current visa is already in doubt.

How do you think HO will interpret this scenario, based on the timings of your updates to them & any new request for a future visa?

... granted leave to remain on the basis of my current partner who is british and our child who will be a british citizen through his/her mother.

[secret.simon]

When the relationship began we were both overstayers

Not a promising start. To begin with, this will mean that you can not get British citizenship for atleast ten years. Also, that means that your subsequent applications will be scrutinised much more thoroughly by the Home Office as "not straightforward".

I was initially granted 2.5 years leave to remain under the 10 year partner route and I later switched into the 5 year route to settlement.

To advise you better, we need complete timelines, from time of first arrival, for you and your current wife.

I want to find out when the baby is born if it would be possible for me to write to the Home Office to inform them that my marriage is no longer subsisting and that I would like to switch so as to be granted leave to remain on the basis of my current partner who is british and our child who will be a british citizen through his/her mother.

Being the parent of a British citizen does not give you any rights, unless you can prove that you are the sole carer for the child in the UK. Being the unmarried partner of a British citizen requires proof of two years of living together as a couple (joint bank statements, joint bills, etc). Also, I do not know if such an application would be impacted by the fact that you are currently married to another British citizen, who has supported your earlier applications.

Even if you were to get an extension on the basis of a British child, you will be back to the 10 year route to settlement.

[Casa]

You're going to find it extremely difficult to prove a subsisting relationship with your estranged wife when the time comes to extend your current visa. Apart from the issue of deception in submitting a false statement, I would assume that you no longer have joint finances/bills/correspondence at that address. Bear in mind that we all leave a electronic footprint to some extent, which is likely to link you in some form or another to your new partner. The UKVI share information with all Government departments, including HMRC for tax and employment records. This also includes Child Tax credits and Child Benefit.

[duke2020]

You're going to find it extremely difficult to prove a subsisting relationship with your estranged wife when the time comes to extend your current visa. Apart from the issue of deception in submitting a false statement, I would assume that you no longer have joint finances/bills/correspondence at that address. Bear in mind that we all leave a electronic footprint to some extent, which is likely to link you in some form or another to your new partner. The UKVI share information with all Government departments, including HMRC for tax and employment records. This also includes Child Tax credits and Child Benefit.

My posts still goes to my wife's house and she hands them to me whenever we meet, we may also get back together as we were together for so long and still cares about each other. Who knows what the future holds!

[Wanderer]

Can never understand why people continue to procreate like his, dooming the child to an uncertain start in life.

Or perhaps I can.

[Obie]

OP if you are part of your child's life , then simply change to the parent of British citizen path.

[noajthan]

My posts still goes to my wife's house and she hands them to me whenever we meet, we may also get back together as we were together for so long and still cares about each other. Who knows what the future holds!

It may be kinder to all concerned to decide on which wife (& child) you are hedging your bets.
From an immigration point of you you will have to do so anyway.