Flr(FP) Appeal - DNA asked for - Please Help

[AliG123]

Hi Guys,

I have an update on my application which was refused in December 2015 and I have filed an appeal in first tier tribunal and finally I have received the hearing date which is in end of September.

My solicitor saying I have to send the DNA Test report to the home office to prove its my child which I cannot afford to do that as I'm not allowed to work since April 2015 and I have not been working. Can anyone shed some light on my case.

My partner and child both are British and born here. When they refused my application my child wasn't born but we did updated the home office about my partner being pregnant.

Please can anyone let me know anything if you have been in the same situation.

Timeline:

Application type: FLR-FP
Application Date: April 2015
Acknowledgment/Biometric: May 2015
Home Office Request: Updated Passport (Did not provides as expired and cannot renew because home office didn't return the existing one.
Refused: December 2015
Appeal to First Tier Tribunal: December 2015
Hearing Date: September 2016.

Many Thanks

[CR001]

You should have only applied after the child was born if you were applying on the basis of the child.

If HO want proof that the child is yours, I suggest you find a way to provide it. Years of abuse of migrants using their 'children (not theirs really)' to stay in the UK is the reason that DNA would probably be asked for.

[AliG123]

Thank-you so much for the reply!

Kind Regards

[Obie]

Why is the lawyer putting you through the immense expenses of obtaining a DNA.

Did the UKVI raised issue about it.

[AliG123]

Hi Obie and CR001

Thank for your reply.

This is what I mean.

Court just had given us the date which is end of September and he is saying it's really important. However Home Office never asked or requested for one.

They have cancelled my right to work since April 2015 and I have been so stressed about this situation already and now he said he wants this as home office might ask you to apply again.

I applied with my British wife which they have refused in December even after saying my wife is pregnant and we going through such a difficulty with the money.

Now my daughter is 4 months old and I don't have £510.00 to pay for DNA and wait for 3 weeks for the results.

Please kindly advise if I really do need it?

Kind Regards

[secret.simon]

When was child born? Are you married to the mother?

Be aware of this change to the Rules.

Government list of approved labs for DNA tests.

[AliG123]

Hi Simon,

Thank-you for the reply and link provided.

My daughter is born in April 2016 and we are religiously married but not the registered as my passport expired while at home office. Even though home office sent the stamped passport copy but they didn't let me register te marriage. Also home office did accept my wife as partner in the refusal letter but mentioned we didn't recognize the relation was there from last 2 years.

Question is even though home office did not requested for DNA is it important for me send it just in case as I want to get the right to work asar.

Many Thanks

[Obie]

Was your application made after your visa expired?

If UK not questioning your relationship then no need to get a DNA if your name is on Birth Certificate.

[secret.simon]

I think the solicitor is just preparing a belt-and-braces approach.

It is up to the Home office to ask for a DNA test and your solicitor wants to have it ready from the get-go.

[AliG123]

Hi Obie/ Simon

Thank-you for your replies. I really do appreciate your time.

Yes I applied 2 weeks after 28 days timeframe. Due to there was an assault on me at that time and I have sent the pictures and police Crime Ref Number to prove it, but they still informed my employer and cancelled my right to work. Since the. I requested everyone to give me right to work but they never did. Finally I made a complaint on home office website and after 2 weeks of the complaint they refused my visa without considering all the points.

My daughter is born in April 2016. Yes my name is on the birth certificate and also when my wife was pregnant we sent the letter from the doctor to request for right to work which they never replied.

I will be completing my 10 years legal stay in February 2017 apart from those 2 weeks which I applied late.

They refused my Tier 1 General Extension Application because I didn't remember one transaction from the bank statement in the interview.

My solicitor said if they cancel your appeal and ask you to apply again with DNA then it will take another for you to get right to work. So we should send it before they ask for it.

It was very difficult for me all this time which was spent in this process but because of this website/forum and support from the brothers like yourselves I didn't give up.

Thank you to all the moderators and members for being so helpful and a big thank you to everyone for this amazing journey here which is still not ended.

Many Thanks