Partner Visa on child after seperation

[nikki1234]

Hi All

My question is in regards to an application my partner has made on the basis of our daughter. I am a british citizen and my wife was an Indian citizen.
Iniitially my ex-wife entered the UK on a visiotrs visa (we were married at this point) and then re-entered on a spouse visa. We had a baby daughter 8 months into her spouse visa which was granted in April and our daughter was born in Novemeber. Shortly after the birth of the child somewhat 19 days later she left the baby with me and went to live with her ex-boyfriend who was a resident in the UK illegally for some time. (at the time i thought it might have been pnd however it was because she thought after having a child she would have immidiate access to and ILR) I dont want to get into the whole personal issue as i want more immigration advice.

However after she sought immigration advice she was told that she was not eligible for ILR. As a result she filed a custody case which is still ongoing and she accused me of DV. (no evidence so no furthur action)
Currently she has 1and half hour visitation twice a week and has not increased due to her never asking. Our daughter is now two and she has never come to any of her birthdays or infact ever given her a present. Her visa was curtailed 2 years ago and she has not yet got any other visa.
Her first application was on the basis of Domestic Violence- however this was refused as it had never happened-

She then made an application on right of access- This was also refused.

She has now applied under section 8 of the Human Rights Act- Right to Family Life.

I do not want her to use our daughter as a tool of obtaining a visa. She has also been told in the Family Court by the Judge that if she was found to be using the child as a means of getting a visa then it will be taken very seriously. However it wont make much of a difference as family courts do not work closely with immigration.

My question is will my ex partner be issued a visa on this ground?
If she is eligible despite what she has done...how can i do something? I feel that she should try and get a visa on her own grounds and not use our daughter as an excuse. She makes no contributions, does not even pay child maintenence and shows no intrest. There has been no increase in contact over 2 years.

I would very much appreciate any advice in this matter

[mochyn]

In my opinion her application to stay under the Human rights act will be refused.According to you she left you holding the baby and does not contribute to looking after the child.
As for her not using the child as a means of getting a visa there is no other method she can use.She can only get ILR through the relationship with you but you say that is finished.
She has the ex boyfriend to use as a basis for the visa but you do not say what his status is.
I would not say she would succeed

[nikki1234]

thanks for the response.

The boyfriend is an illegal immigrant. she is trying to get ILR so that she can get british citizenship ater the qualifying time and consequently be able to sponser her boyriend as a spouse after getting married which is as far as ive been told.

I think now shes trying to get a visa on compassionate grounds. Since she has realised she needs our daughter as a means of being eligible for a visa

[mochyn]

like many people its a case of locking the stable door after the horse has bolted.
I think she will find she is too late after leaving you with the baby
Had she taken the baby with her she may have succeeded

[immigrationuk2009]

like many people its a case of locking the stable door after the horse has bolted.
I think she will find she is too late after leaving you with the baby
Had she taken the baby with her she may have succeeded

Well I am surprised why her access to child visa was refused.As in my view she has a good chance for it.She has already got court order and was visiting her baby then why it was refused.

As for judge saying it would be serious if she use child for visa is completely rubbish.If some judge ask me this I would straight say him shut up.

As he dont know immigration.Under immigration you can apply for access rights.So nothing wrong with this.

Still you can win DL on human rights.Remember DL is for 3 years normally.

To me she is not using good legal advice otherwise she has good chance for access to child visa.