Advice About My Boyfriends FLR FP Application Please!

[dicknite]

Hello everyone

I hope you all are well? I am writing on behalf of my boyfriend who submitted his FLR FP application on the basis of my first child who is a British, and we have a 3 months old child together now which we included on the application,my immigration status was given to me based on my British child after i was denied an asylum claim, my boyfriend and i do not stay together but 10 minutes apart by walking.

My boyfriend has been playing a very supportive role for my British child and baby which the dentist, health visitor and the GP gave us a letter to support the application. my questions are as follows for anyone to advice

1. He received a Biometric enrolment letter, no acknowledgment letter, though on the letter it was written thanks for your application to stay in the Uk, his case ref number is on the letter, should he still expect another acknowledgment letter or this 1 is ok?

2. On what basis will he be granted? through my British Son or through our new baby? he is an over stayer for about 8 years.

Please kindly advice casa, vinny,obie, amber or anyone with former experience with a case like this.

I will really appreciate

[kiki34]

A bit hard to see on which basis for his application.

Your first child is British so the test is whether your boyfriend does have a genuine and parental relationship with your boy. What to consider about parental relationship are – biological, adopted, step child, legal guardian? Are they the child’s de facto primary carer?. I dont see anyway here as he is not the biological father neither is your son his step child since you are not married.

AND

Another test is whether the relationship is genuine and subsisting ?
• does the child live with the person?
• where does the applicant live in relation to the child?
• how regularly do they see one another?
• are there any relevant court orders governing access to the child?
• Is there any evidence or other relevant information provided within the application –
for example, views of the child, other family members or from social work or other
relevant professionals?
• How recent has this relationship ?

Again since you do not live together it is quite hard to prove genuine and subsisting relationship.

This application could succeed based on your 3-months baby if she is a British Citizen or have lived continuously in the UK for at least 7 years.

[dicknite]

A bit hard to see on which basis for his application.

Your first child is British so the test is whether your boyfriend does have a genuine and parental relationship with your boy. What to consider about parental relationship are – biological, adopted, step child, legal guardian? Are they the child’s de facto primary carer?. I dont see anyway here as he is not the biological father neither is your son his step child since you are not married.

AND

Another test is whether the relationship is genuine and subsisting ?
• does the child live with the person?
• where does the applicant live in relation to the child?
• how regularly do they see one another?
• are there any relevant court orders governing access to the child?
• Is there any evidence or other relevant information provided within the application –
for example, views of the child, other family members or from social work or other
relevant professionals?
• How recent has this relationship ?

Again since you do not live together it is quite hard to prove genuine and subsisting relationship.

This application could succeed based on your 3-months baby if she is a British Citizen or have lived continuously in the UK for at least 7 years.

Thanks for your reply. My 3 months old baby is not a British citizen and only 3 months old. Someone said they might grant my boyfriend on an exceptional ground outside the rules on the ground of the best interest of the kids since he cannot be seperated from his son and he is also involved in the life of my British son. So i do not know how true this is

[kiki34]

The best approach is if you are married or living together akin to marriage for at least 2 years. This way he could claim active and subsisting care of your British child. As your 3 months old baby is not British or settled as such you are not settled too I see only cloud as per this application.

Of course you will not be expected to leave UK because of our British boy and so baby ( the sibling). Because the baby is not expected to leave the UK and he is the biological father and plays some roles in the baby's life. But the baby is 3 months old and it will be difficult to convince Home Office that the baby would suffer hardship if he leaves the UK.