FLR(FP) problem - new family

[Williamsburg]

Hello Casa.
I have a little problem at hand at the moment.
I have a British son and was granted leave to remain as a dad of a British child using the FLR(FP).
Relationship wasn't working ended up spilting up and I still see and support my child until of recent. I am in a new relationship and my New partner is pregnant . (She is British)
Is it possible I can update with the home office about my new second baby when she is born? And can I renew my visa with her? As my ex is promising to give me hell when I have to renew my papers.

[noajthan]

To avoid clutter and noise in a timeline thread, this question has been moved to its own thread (this one).

[Casa]

You can't swap visa sponsors and in any event you wouldn't qualify as an unmarried partner as you haven't been living in a relationship 'akin to marriage' for a minimum of 2 years. Are you no longer supporting your son as you mention 'until recent'?

[Williamsburg]

You can't swap visa sponsors and in any event you wouldn't qualify as an unmarried partner as you haven't been living in a relationship 'akin to marriage' for a minimum of 2 years. Are you no longer supporting your son as you mention 'until recent'?

Hello Casa,thanks for the quick reply..
At the moment I can't support him because she is telling my I can't have him because she doesn't want him to have anything to do with my new born baby .. Every single day of my life she threatens me with the immigration ish all the time .. And how she won't help with proof that I have been supporting him (tho I have some proof in my bank statement showing I have been giving her money for him)
Practically she is been spiteful because I have moved on.
You probably got my question wrong then as I didn't intend to renew my visa now .. It's to be renewed next year .. And when I said 'can I renew my visa with her?' I meant with my newborn daughter sorry I wasn't really clear at first ..
+ my new born daughter is British as well.

[Casa]

No I understood you. The Home Office are unlikely to approve FLR(FP) as the father of a child with another woman who is not considered to be an unmarried partner for immigration purposes. 'Anchor baby' applications are frequently refused. Presumably your wife can't stop you supporting your child financially. In order for your next extension to stand a chance of having your next FLR(FP) application approved on the parent route, you will need a court order granting regular access. Ongoing financial support will also be expected to prove that you are sharing in his upbringing.

[Wanderer]

You probably got my question wrong then as I didn't intend to renew my visa now .. It's to be renewed next year .. And when I said 'can I renew my visa with her?' I meant with my newborn daughter sorry I wasn't really clear at first ..
+ my new born daughter is British as well.

In order for that to work you'd need to marry, apply from your home country and meet the financial tests.

[Casa]

You probably got my question wrong then as I didn't intend to renew my visa now .. It's to be renewed next year .. And when I said 'can I renew my visa with her?' I meant with my newborn daughter sorry I wasn't really clear at first ..
+ my new born daughter is British as well.

In order for that to work you'd need to marry, apply from your home country and meet the financial tests.

Divorce from the current wife first of course.

[Wanderer]

You probably got my question wrong then as I didn't intend to renew my visa now .. It's to be renewed next year .. And when I said 'can I renew my visa with her?' I meant with my newborn daughter sorry I wasn't really clear at first ..
+ my new born daughter is British as well.

In order for that to work you'd need to marry, apply from your home country and meet the financial tests.

Divorce from the current wife first of course.

I was careful there - OP never said 'wife'! Unless I missed it, getting old.....

[Casa]

Well observed Wanderer, he didn't.

[Williamsburg]

Haha! I really appreciate your immediate response tbh .. And nope she isnt wife lol
You just said 'Anchor baby' thought that's for babies with mother that's got no resident permit? Just wonder .. As my new partner is British ..
My ex just been a pain in the bum.
Also I was granted on the 10 years route father of a British child ..
Does what you guys said still stand? Thanks again

[Wanderer]

Haha! I really appreciate your immediate response tbh .. And nope she isnt wife lol
You just said 'Anchor baby' thought that's for babies with mother that's got no resident permit? Just wonder .. As my new partner is British ..
My ex just been a pain in the bum.
Also I was granted on the 10 years route father of a British child ..
Does what you guys said still stand? Thanks again

So are you free to marry the new partner? For me that would be best, forget the old, reapply from zero with none of the old baggage immigration wise. Means applying from home, bind etc but personally I prefer not having the HO Black Dog barking at me until God knows when...

Anchor Baby is really a wing and prayer hope some folks hope will help them gain residency purely cos the baby was born in UK or sway the UKVI into granting a favourable decision on a visa app. Doesn't work. Doesn't matter if mother is British of the partner is hoping to use it gain residency (no saying you're doing that of course, but some do, we see it all here)

[Williamsburg]

And my main question actually is ..
Is there a way I can go around it using my new baby with my new partner (baby is British) to sort my stay out? Because I don't want to go through that witch of a ex.. She is blackmailing me ..and I hope you guys understand what I mean.
I am well happy in my new relationship and I hate the fact my ex have a say in whether I remain in the country with my partner or not.. It's absurd
And in the letter I got from home office .. It stated "I do not qualify in unmarried partner because I couldn't proof we were together for two year,and I am granted 10 years route because of my British child".
So is there no way I can sort my stay without going through my ex?

[Wanderer]

And my main question actually is ..
Is there a way I can go around it using my new baby with my new partner (baby is British) to sort my stay out? Because I don't want to go through that witch of a ex.. She is blackmailing me ..and I hope you guys understand what I mean.
I am well happy in my new relationship and I hate the fact my ex have a say in whether I remain in the country with my partner or not.. It's absurd
And in the letter I got from home office .. It stated "I do not qualify in unmarried partner because I couldn't proof we were together for two year,and I am granted 10 years route because of my British child".
So is there no way I can sort my stay without going through my ex?

Yes, I said above!

[Williamsburg]

And my main question actually is ..
Is there a way I can go around it using my new baby with my new partner (baby is British) to sort my stay out? Because I don't want to go through that witch of a ex.. She is blackmailing me ..and I hope you guys understand what I mean.
I am well happy in my new relationship and I hate the fact my ex have a say in whether I remain in the country with my partner or not.. It's absurd
And in the letter I got from home office .. It stated "I do not qualify in unmarried partner because I couldn't proof we were together for two year,and I am granted 10 years route because of my British child".
So is there no way I can sort my stay without going through my ex?

Yes, I said above!

Ok thanks wanderer..

[Williamsburg]

now am in a mess!
i need help asap as i have to reply to home office asap.
my spiteful ex have actually rang up the home office and told them alot of lies that i dont make any effort seeing my son,whereas i have been to a family mediation for them to sort things out between us both but she refuse to go and the mediation gave me signed form to attach to my c100 form that was on the 11 of August 2016.
i just recieved a letter from the home office saying they have bben notified about the end of my relationship with my ex and also been notifying that i dont see my son at all (whereas I do and i have evidence (photos of where we ve been,things we ve done together etc)
they require me to send court order or avidavit or letter from my ex saying I do.she wouldnt give me the letter obviously and i dont have a court order at hand yet as dont have money to take her to court yet.
i dont know what to do and this is making me really down and sad.
she is been spiteful because i have moved on and i have another child already.
i need advise please. what do i do? where should i go from here.
i have till 09 october 2016 to reply them or else my leave to remain will be curtailed. (states so in the letter)
please i need urgent advise!!
also wasnt married to my ex. i was granted leave to remain base on my british child

[Casa]

I advised you way back in June to obtain a Court order for access to the child you have with your original partner. I assume you haven't taken the advice to continue paying child support either?

[Williamsburg]

Yes I pay child maintainance here and then. I listened to your advise and have paid for mediation first. Gone there alone as she refuse to come .. got a copy that I need to attach to the c100 form. I plan paying for the c100 next month when I get paid. Is it too late? What should I do? Absolutely confused

[Casa]

If you mean you pay child maintenance 'now and then', in other words not regular payments and you don't have a formal arrangement with your wife for access and you aren't able to submit a Court Order it doesn't appear that you can meet any of the conditions the Home Office will want to see.

The HO are unlikely to look favourably upon an application as a parent, when you don't appear to be able to show that you are contributing in their upbringing or their financial needs.

[Williamsburg]

She isn't my wife. Wasn't married like I said.
So will the home ofdice decide to want to deport me despite having another child I live and take care of.

[Casa]

She isn't my wife. Wasn't married like I said.
So will the home ofdice decide to want to deport me despite having another child I live and take care of.

She may not be your wife, but the sentiment is the same. On your own admission you only pay child support 'now and then', which hardly qualifies as sharing in their upbringing.

Submitting yet another application as the parent of a child you have with a woman who doesn't even qualify as your unmarried partner, in my opinion is clutching at straws.

As you've previously been advised, anchor baby applications are being increasingly and frequently refused.

[Williamsburg]

casa. he wasnt an anchor baby as you think he is in your own opinion. i have always been responsible,and active in his life. not my fault his mum goes spiteful. depriving him of his right to have a relationship with his dad.
also I have asked for advice from anyone that could help me with one,but still havent heard any.

[Reus]

hi williamsburg, i have read everything since u started this thread. this is my contribution as iam on parent of a british child visa too. my ex partner threatens me with samething its why im taking her to court asap.
First of all, u shd know that if u meet the rules laid out for the parent visa u will be granted a leave to remain. i havent heard of anyone as at yet meeting the rules and not being granted. iknow of 6 ppl personally that got leave in that route.
secondly ur biggest mistake was not getting a court order as soon as u could like casa has said knowing who u are dealing with. That aside, as uve said udont regulary support ur son even financially is a more worrying factor as ur bout to live to regret this. when the HO contacted they said they need only a court order, letter or affidavit because this the part ur ex-partner can affect,the rest of proof is on u.
.the option u cud have had are
1. if ur current partner meets the threshold u could switch to a spouse visa. udont have to travel back home to do this. u can switch in country but ur deadline makes this almost impossible.
2.u could of used ur daughter provided u meet rules regarding her but then again the home office might doubt this cos of ur inabiltiy to supoort the first child. had u been supporting ur first child and just had the issue wiv her refusing u to see thr child, even if u got curtailed u cud easily overturn this in court of appeal because tecnicallg its outta ur hands whereas the financial support area u stopped is completely in ur hands and doesnt really give u good record on here.
3. u need to calm down and dont panic,first of all ucan forward evidence about trying to get the court order or whatever u have from the mediation explaining this to the case worker and how she hasnt shown up. letter from
mediation team will help better but note this might not get it granted rather ur buying time to get an actual court order. thats all they need, get one and u shd be totally fine and wud never need ur ex any longer and hopefully ucan continue on parent visa.if u fulfiled every other support to ur son, appealing in court or even a court order is so easy to get. they wud never separate a genuine parent from his child.keep this in ur mind. all they need now is proof u have contact wiv ur son and nothing else.

[AHMAD786]

You can't swap visa sponsors and in any event you wouldn't qualify as an unmarried partner as you haven't been living in a relationship 'akin to marriage' for a minimum of 2 years. Are you no longer supporting your son as you mention 'until recent'?

Hello Casa,thanks for the quick reply..
At the moment I can't support him because she is telling my I can't have him because she doesn't want him to have anything to do with my new born baby .. Every single day of my life she threatens me with the immigration ish all the time .. And how she won't help with proof that I have been supporting him (tho I have some proof in my bank statement showing I have been giving her money for him)
Practically she is been spiteful because I have moved on.
You probably got my question wrong then as I didn't intend to renew my visa now .. It's to be renewed next year .. And when I said 'can I renew my visa with her?' I meant with my newborn daughter sorry I wasn't really clear at first ..
+ my new born daughter is British as well.

first thing first go to family court and get order to get to see ur son ur ex partner cant stop u to see ur son and wen time comes to renew send court order to prove that u can see ur son and also tell them about ur new relationship and ur new baby and also whatever u giving ur ex for supporting ur son makesure u send money transfer from ur bank to her bank thats is kinda prove to

[Williamsburg]

Thanks Reus,Casa,Ahmad and everyone that have replied to my problem.
I have submitted the c100 form to court now just waiting for a hearing date.
also I have gathered all possible evidence i have to proof to home office i have always been in my sons life.. {even pictures of my son with my new partner kids}.
also I have stated in the letter that Under section 10(1) of the Children and Families Act 2014, it is now a requirement for a person to attend a MIAM (family mediation) before making certain kinds of applications to obtain a court order.(thats why I have been to a family mediation first)
bank statements showing I pay her.
text messages showing the informal agreement we ve had.

my question is.. should i include my new family in the letter i am sending?
also anymore advise will help please. thanks

[Williamsburg]

??