expired visa

[finegirl]

My visa is expired since october 2012, can I still apply for family life as parent and partner on the 10 year route?

[Amber]

Might help if you expand a little. What's your current status, whether you have a British/settled child, a child that has been here for 7 or more years and/or a British spouse/partner?

[finegirl]

Thank you. I Live with my British partner and our British 14months old daughter born here in the Uk

[Amber]

Does your British partner work? What's his/her annual salary?

[finegirl]

No she does not work she is currently a full time mum to our dqughter. nor caen I work due to my expired visa. This is why we are are considering the family life as a parent 10 years route, because it does not require us to meet any income criteria. The only thing we are worried about is my expired visa, and whether my application will be valid with no valid visa

[Amber]

FLR(FP) does not require valid leave. You may be eligible under Exception 1 on a 10 year route to settlement.

[icehouse256]

@Amber, does it mean he can still apply for FLR (M) without no valid leave of no child ?

[Amber]

No, FLR(FP) not FLR(M).

[finegirl]

Thank you so much for this info. What do you mean by exception 1. Please pardon me I am unfamiliar with this term

[vinny]

What was the visa that had expired since Oct 2012?

If it was a spouse visa, then see also Need some advice Urgently!!!

[Amber]

According to this post, the OP is 18 and has been on a student visa living with her Brother

[finegirl]

Ok this is the full story. S tudent gisa expired since october 2012, home office still has my passport and seems to have lost it. I am now living with my british unmarried partner and our british child. She is currently at home caring full time for our daughter. I cant work because I have no valid visa. We want to try to apply for family life as a parent on the 10 year route, but worried about my expired visa status. We are also not sure which form to use for application

[finegirl]

Amber mentioned that I may be elligible under Exception 1 on a 10 year route to settlement. Please tell me more about exception 1, what is it mean?

[Amber]

Where an applicant has asserted an Article 8 claim on the right to respect for family
life or raised family life issues either as part of a valid application under Appendix
FM, or in circumstances covered in GEN.1.9, the caseworker should consider
whether the suitability and eligibility requirements for leave to remain are met and
whether EX.1. applies.

Section EX paragraph EX.1. applies if:

EX.1. – (a) (i) the applicant has a genuine & subsisting relationship with a child who:
(aa) is under the age of 18 years or was under the age of 18 years
when the applicant was first granted leave on the basis that this paragraph applied;
(bb) is in the UK;
(cc) is a British citizen or has lived continuously in the UK for at least
the 7 years immediately preceding the date of application; and
(ii) it would not be reasonable to expect the child to leave the UK; or

(b) the applicant has a genuine and subsisting relationship with a partner
who is in the UK and is a British citizen, settled in the UK, or in the UK with
refugee leave or humanitarian protection; and there are insurmountable
obstacles to family life continuing outside the UK.

Ex.1(a) seems ok for 1(b) perhaps if you were to marry.

[vinny]

According to this post, the OP is 18 and has been on a student visa living with her Brother

Thanks, Amber.

[finegirl]

I applied for leave to remain as you advised. They have turned me down because I didn't provide DNA evidence to prove that my daughter is mine. I couldn't afford the DNA test as I can't work. But they refused to exempt me from the DNA test fees as I requested, and refused my application instead. They claimed I Refused to provide information to support my application. They have refused me right of appeal too. And told me to leave the country because I am an overstayer.

I want to know if I can make a new application again as an overstayer. I made my first application as an overstayer anyway like I stated in the original post. So can I make a new application, this time with a DNA test result proving paternity of my daughter?

[Obie]

I believe what Amber forgot to mention to you is that, you cannot qualify under the parent route if you are the partner of the other parent of the child.

Can you also confirm if you name is on the child's birth certificate.

It is quite puzzling that they are requesting a DNA. I have done several of these application, and there has not been a DNA request in any one of them.

IS you name not on the Birth Certificate?

[finegirl]

Ok this is the full story. Student visa expired since october 2012, home office still has my passport and seems to have lost it. I am now living with my british unmarried partner and our british child. She is currently at home caring full time for our daughter. I cant work because I have no valid visa. We applied for family life as a parent on the 10 year route.

I applied for leave to remain as the Parent of a British child. They have turned me down because I didn't provide DNA evidence to prove that my daughter is mine. I couldn't afford the DNA test as I can't work. But they refused to exempt me from the DNA test fees as I requested, and refused my application instead. They claimed I Refused to provide information to support my application. They have refused me right of appeal too. And told me to leave the country because I am an overstayer.

I want to know if I can make a new application again as an overstayer. I made my first application as an overstayer anyway. So can I make a new application, this time with a DNA test result proving paternity of my daughter?‎

[julian1972]

I applied for leave to remain as you advised. They have turned me down because I didn't provide DNA evidence to prove that my daughter is mine. I couldn't afford the DNA test as I can't work. But they refused to exempt me from the DNA test fees as I requested, and refused my application instead. They claimed I Refused to provide information to support my application. They have refused me right of appeal too. And told me to leave the country because I am an overstayer.

I want to know if I can make a new application again as an overstayer. I made my first application as an overstayer anyway like I stated in the original post. So can I make a new application, this time with a DNA test result proving paternity of my daughter?

Absolutely you can make a new application. If you had provided a DNA as requested there would have been no need to make another application. The application fee you will pay for the new application would have been more than enough to pay for the DNA

[finegirl]

I couldn't afford the DNA test at the time. It was absolutely impossible as I had a broken arm. I'm now in a much better situation to hustle for money for a new application.

So basically are you saying I can make a fresh new application as an overstayer, but this time provide all the required information they need?

[finegirl]

Obie, yes my name was on the birth certificate. But they still doubted paternity. I have no idea why they still requested DNA test

[finegirl]

Obie you mentioned that Amber forget to mention something to me but I did not understand what you were trying to say to me. You seem to have missed a few words in the sentence so I couldn't make sense of what you were trying to say.

[Obie]

They have to give reason why they doubted paternity.

Has other person claimed that they are the father of the child.

I have to warn you that if you succeed on that, they may query the fact that you are in a relationship with the mother.

Threaten them with Judicial Review.

A new application will cost £600

[finegirl]

When I made my application, I also informed them that I live with the mother of my child, together with my child, and have done so for over 2 years. But in their refusal letter to me they stated that as well as failing to provide DNA evidence, I also failed to provide enough evidence that I have resided with my partner for over 2 years. I was not able to provide enough evidence of this because being an overstayer and with no passport, I have been unable to obtain the facilities that would provide me with that type of documentary evidence.