FLRP NOT BIOLOGICAL FATHER

[Weepingisforanight]

Hello all,

I have been following this forum for a few months and very impressed by advice and support given.
I have taken the courage to share my situation hoping for some insights .
I came to the UK in 2000 and overstayed my visitor visa . Fast forward , I'm now with my partner ( 5 years ) she is not British and got the biometric permit as a parent ( british child from previous relationship) my partner have residence order for her child and the child have not seen the child since she was 7 months .
We now have a child together and I want to do something about my situation. We have been to a lawyer who advised that we can apply based on the British that I take care of her (schools drop offs and pick ups , doctors appointments as mother need to work) before going to throw money to a lawyer who sometimes Will tell you what you want to hear , I need some advice from you guys . Is this feasible ? Please help me I'm new to this . thanks

[Wanderer]

Doesn't seem likely....

[Weepingisforanight]

Hi Wanderer,

Thank you for your answer. Do you think there is anyway I can regularise my status please? Again thank you for your time

[Richard W]

@Weepingisforanight, what is the immigration status of your partner? Does she have indefinite leave to remain (ILR) or limited leave to remain? Is she an EEA national? (Unlikely, I know, but just possible that you've overlooked it). If she has ILR, did she hold it when your child was born?

If your partner's immigration status is limited leave to remain, it's not obvious to me either that an application might succeed.

[noajthan]

@Weepingisforanight your topic title is confusing as it appears you are a father.

You also mention a child that someone (the father/ the mother/you??) has not seen for or since 7 months.
You appear to babysit some British child (the same one not seen for 7 months?) and now want to apply FLR(FP) for that child.

Can you clarify your case?

[Richard W]

@Noajthan: As the OP may be slow to respond, this is how I understand the situation.

The OP lives with his unmarried partner. His unmarried partner is not British, but has a British child (presumably her first child). The OP acts as a good stepfather to this child. The OP has a child of his own, whose mother is the aforementioned unmarried partner. The unmarried partner is present in the UK lawfully; the OP is an overstayer. Thus there is now a family of 4 people.

A lawyer has suggested that the OP can get leave to remain on the basis of the stepchild. The OP is asking whether he should trust the lawyer's judgement, because he fears there is a very good chance that they will spend a lot of money for nothing. (Personally, I would add the high risk of administrative removal when he reveals his location to the Home Office.) FLR(FP) would be for the OP, and possibly his child.

[Casa]

To weaken the FLR(FP) application further, as Noajthan has spotted, the OP appears to only assist with 'baby sitting etc' and doesn't actually say that he lives with the mother of his child.
" based on the British that I take care of her (schools drop offs and pick ups , doctors appointments as mother need to work)"

[noajthan]

To weaken the FLR(FP) application further, as Noajthan has spotted, the OP appears to only assist with 'baby sitting etc' and doesn't actually say that he lives with the mother of his child.
" based on the British that I take care of her (schools drop offs and pick ups , doctors appointments as mother need to work)"

This seems a very tenuous case to me.
The OP is not a stepfather of the target British child and, even if he was, step-fathers (from my experience) have no automatic parental responsibility for step-children by default. Such PRA has to be granted in one of several ways.

[Obie]

The child that is your biological child, would probably qualify within the rules, but in your case it will be outside the rules that you will qualify.

However if refused, I think you have a good short on appeal, as 117B(6) of the Nationality Immigration and Asylum Act 2002, as amended by the Immigration Act 2014 may be engaged.

Also see RK.