Discretionary leave to remain due for extension HELP !!

[A mocking bird]

Please am new, but came through this page while googling, kindly advice as am in a situation. Will try and be short. I met a woman here she had ILR in 2005 we lived together though not married and had 3 kids together all British citizens.
We have had an on and off relationship due to my alcohol use, she claims am an alcoholic but am just a moderator drinker. In 2010 she advised me to legalise my stay, as I was an overstayer. I was granted DLR which runs out in oct. this year, but things have gotten from bad to worse and she has even accused me of domestic violence, there is a time she even called the police on me and was subsequently removed from her property. I have sinned moved out and gotten my own place. Thing is I recently asked her if she would let me have the kids pp for renewing my stay but she has said " NO " she also said that she will be writing to the home office and ask her health visitor for a supporting letter that I have been violent and unsupportive towards her yet I looked after the kids when she went abroad for 2 months on my own. Now my big question is being that my kids are British though we don't live together and I see them once a week as had had to go for a contact order after she refused me seeing the kids citing my alcohol usage, would the home office deny me an extension? What should I do or send to the ho when renewing my stay. I would love to hear from anyone who's been in such a situation or more or less the same as mine. Considering how expensive the while process can be, am planning on getting a solicitor as am sure she is out to make it as difficult as possible.. Am sorry for the long post, admin. Please feel free to move my post if its not meant for here, meanwhile will appreciate any advise.
Thanks inadvance

[Amber]

Please am new, but came through this page while googling, kindly advice as am in a situation. Will try and be short. I met a woman here she had ILR in 2005 we lived together though not married and had 3 kids together all British citizens.
We have had an on and off relationship due to my alcohol use, she claims am an alcoholic but am just a moderator drinker. In 2010 she advised me to legalise my stay, as I was an overstayer. I was granted DLR which runs out in oct. this year, but things have gotten from bad to worse and she has even accused me of domestic violence, there is a time she even called the police on me and was subsequently removed from her property. I have sinned moved out and gotten my own place. Thing is I recently asked her if she would let me have the kids pp for renewing my stay but she has said " NO " she also said that she will be writing to the home office and ask her health visitor for a supporting letter that I have been violent and unsupportive towards her yet I looked after the kids when she went abroad for 2 months on my own. Now my big question is being that my kids are British though we don't live together and I see them once a week as had had to go for a contact order after she refused me seeing the kids citing my alcohol usage, would the home office deny me an extension? What should I do or send to the ho when renewing my stay. I would love to hear from anyone who's been in such a situation or more or less the same as mine. Considering how expensive the while process can be, am planning on getting a solicitor as am sure she is out to make it as difficult as possible.. Am sorry for the long post, admin. Please feel free to move my post if its not meant for here, meanwhile will appreciate any advise.
Thanks inadvance

If the circumstances have changed since your last DLR you may not be given an extension, it's difficult to say as it's discretionary. Have you sought professional advice? How long have you been in the UK? When does your current visa expire? Do you have any criminal convictions e.g. Domestic violence?

[A mocking bird]

I came in 2003. Well am still seeing the kids once a week, and I only realized she had reported me for domestic violence in our last family meeting as someone identified themselves As her ' domestic violence support worker' never been violent, only once lost it as she was pushing me to the wall, I gave her a light slap, she rang the police and they took me away. She never pressed charges. Please tell me if she refuses to hand over the kids passports to me can I take her to court? I mean to use for my stay extension, and do you think the home office will regard what she and the health visitor might write without hearing my side? I was given discretionary due to my family life here after a failed asylum. Am yet to seek legal advice as have been saving for that. Am in pieces, kindly advise if you got any ideas. Thanks for responding

Can I also say that in our last court appearance the court had ordered her to avail the pp whenever I need them as I had kept them and she applied for a specific issue through the court and I was ordered to give them back to her, she applied for the passports . Do you know if I will need the pp, I have the kids birth certificates with me though. Pls HELP !!

[A mocking bird]

Forgot to mention that my current visa runs out in oct. this year

Many thanks, any advise or referrals to any good solicitor will be appreciated.

[Amber]

Forgot to mention that my current visa runs out in oct. this year

Many thanks, any advise or referrals to any good solicitor will be appreciated.

It's difficult. Obviously it depends on what information the HO caseworker is privy to. If the caseworker thinks that you will be refused access to your children and your ex-partner refuses to see you then this may be indicative of the circumstances changing so much since your last leave that you are refused an extension.

I suggest you seek legal advice I would also consider seeking help if you have an alcohol issue as failure to do so may result in you not having contact with your children. If your ex-partner assaults you, call the police, do not retaliate as hitting someone else when you can walk away is not the answer. You ex-partner can withhold anything she wishes, and I don't think the court will get involved in you having passports. Perhaps mediation can resolve some of your issues. You've got enough time to try and sort things out to strengthen your case.

[A mocking bird]

[quote="D4109125"][quote="A mocking bird"]Forgot to mention that my current visa runs out in oct. this year

Many thanks, any advise or referrals to any good solicitor will be appreciated.[/quote]

It's difficult. Obviously it depends on what information the HO caseworker is privy to. If the caseworker thinks that you will be refused access to your children and your ex-partner refuses to see you then this may be indicative of the circumstances changing so much since your last leave that you are refused an extension.

I suggest you seek legal advice I would also consider seeking help if you have an alcohol issue as failure to do so may result in you not having contact with your children. If your ex-partner assaults you, call the police, do not retaliate as hitting someone else when you can walk away is not the answer. You ex-partner can withhold anything she wishes, and I don't think the court will get involved in you having passports. Perhaps mediation can resolve some of your issues. You've got enough time to try and sort things out to strengthen your case.[/quote]


Thank you for your contribution, what sort of things should I be doing please, and do you reckon the case worker has access to things like the court cases et all?
She has also accused me of forcefully demanding sex from her which is not the case, I bet she is trying all ways to see me not get my extension. I saw this in the court papers form c 100 and C1A amongst other things, she also claimed on the forms that I expose my self to the kids when drunk and that's why she didn't want me having contact with the kids in my house or her house, I can only have an activity based contact with my kids, meaning she drops them at an agreed place at 2 and picks them at 6 pm every Saturday. Do you think the home office might view that as not much to qualify for a family life?

Kindly help, ideas and anything that might help please. I appreciate your time.
Many thanks. I don't have much support unlike her who has so many agencies working with her, the only person who has been of support is my local housing support officer. How do I refute what she is saying, do I write to HO and do you reckon the HO will regard any letters she writes to them as she told me she will be writing to them yet all she is accusing me of are all lies to stop me getting my extension..

[Amber]

Forgot to mention that my current visa runs out in oct. this year

Many thanks, any advise or referrals to any good solicitor will be appreciated.

It's difficult. Obviously it depends on what information the HO caseworker is privy to. If the caseworker thinks that you will be refused access to your children and your ex-partner refuses to see you then this may be indicative of the circumstances changing so much since your last leave that you are refused an extension.

I suggest you seek legal advice I would also consider seeking help if you have an alcohol issue as failure to do so may result in you not having contact with your children. If your ex-partner assaults you, call the police, do not retaliate as hitting someone else when you can walk away is not the answer. You ex-partner can withhold anything she wishes, and I don't think the court will get involved in you having passports. Perhaps mediation can resolve some of your issues. You've got enough time to try and sort things out to strengthen your case.

Thank you for your contribution, what sort of things should I be doing please, and do you reckon the case worker has access to things like the court cases et all?
She has also accused me of forcefully demanding gender from her which is not the case, I bet she is trying all ways to see me not get my extension. I saw this in the court papers form c 100 and C1A amongst other things, she also claimed on the forms that I expose my self to the kids when drunk and that's why she didn't want me having contact with the kids in my house or her house, I can only have an activity based contact with my kids, meaning she drops them at an agreed place at 2 and picks them at 6 pm every Saturday. Do you think the home office might view that as not much to qualify for a family life?

Kindly help, ideas and anything that might help please. I appreciate your time.
Many thanks. I don't have much support unlike her who has so many agencies working with her, the only person who has been of support is my local housing support officer. How do I refute what she is saying, do I write to HO and do you reckon the HO will regard any letters she writes to them as she told me she will be writing to them yet all she is accusing me of are all lies to stop me getting my extension..

Well you certainly need to seek legal advice from an experienced family lawyer. Your wife is making a lot of accusations to defame your character. Separation can be both tricky and messy. If your ex does write to the HO they will consider what she says. Remember you must inform the HO of any material fact which may affect your application. Get your life back on track as soon as you can preferably before you apply for your extension.

[vlinares]

hello everyone, iam a new to this forrum but need help and advise please i applied for spouse visa but due to English provider equipments it was refused but i received 3 year discretionary leave to remain in march 2012 Article 8 family life or private life because of marriage, Its due to expire in march 2015. do i have to apply for discretionary leave to remain extension form FRL(0)? I am currently my huaband is currently not working so we are receiving tax credits will that affect my application because of receiving public funds? thanks