Born in the USA but father is a British National

[angeltait]

I have come to the UK from America (I am American) with my British husband (born and raised) and our 2 year old son. Our son was born in America...My husband and I have been married for 6 years. My husbands work Visa in America ran out in January of 2016.

My goal is to remain in the UK as my husband has gained employment and does not wish to return to America. I have been in the UK for approximately 5 and a half months and want to file any immigration paperwork myself

I have also been told that it's not a spousal route but rather the fact that my son is a decent of a British National....

Can someone please advise which form I start with and any additional info pertaining to our situation will be helpful!! Thank you in advance

[ohara]

Are you current in the UK as a visitor?

[angeltait]

I am on Holiday, when you leave America you do not necessarily need to obtain any type of Visa so I am allowed to stay for 6 months and return to America...I hope that made sense

[ohara]

You are here as a visitor then. You will need to switch category to a proper settlement visa but I don't think you can do this in the UK. I think you'd need the "join family in UK" visa but wait for experts to advise on the correct path.

[angeltait]

Yes at first we were told by CAB that I would need to return to USA first and apply for a visa but the way around this apparently is the fact that our son was born to a British National. Thank you for your help

[ohara]

I don't think the parent of a British child rules apply to you because the father is your partner.

Take a look here: https://www.gov.uk/join-family-in-uk/overview

[Casa]

You are unable to submit an application as a spouse from within the UK while you are here as a visitor. You have no automatic right to residence solely due to your son's British nationality.

You won't qualify for the FLR(FP) Parent route to settlement as this is for someone who has sole custody of the child or is living separately from the child's other parent who is caring for them.

As you are here 'on holiday', neither will you qualify for the 10 year Partner route as you have no strong ties to the UK having only recently arrived as a family after living together in the US.

Unless you are prepared for a very expensive & lengthy legal battle and an extremely long road to settlement (with no guarantee of success), it would be prudent to return to the US and follow the correct procedure by applying for a spouse settlement visa from your home country.

Be aware that if you decide to stick it out here, you will have no access to the NHS and no right to work or hold a bank account.

[angeltait]

On the contrary I have been told by the local CAB as well as The Immigration and Legal Advice Center located in Leeds that I need to submit my application fairly soon..I cannot afford the Center in Leeds at this time so wanted to do it myself....why would they choose to take money for my case if they thought I needed to go back to USA. What form were they going to start with? I don't want to ask them because I feel it's inappropriate given that I cannot afford them.

[Casa]

The UKVI always take the visa fee before the application has been assessed by a Case Worker. If/when the application is refused the application fee is lost.

There is no relevant form as you don't appear to qualify for either the parent or partner route as I've attempted to explain in my previous posts.

A court battle for Article 8 Human Rights would be pointless.

Visitors (holiday makers) are unable to switch to any other visa category from within the UK. The CAB generally have very limited knowledge on the UK Immigration Rules.

Edit: I realise you may have meant why would the Immigration Advice Centre in Leeds charge for a case that was likely to fail. Because they have nothing to lose. Maybe the legal system in the US is different.

[noajthan]

On the contrary I have been told by the local CAB as well as The Immigration and Legal Advice Center located in Leeds that I need to submit my application fairly soon..I cannot afford the Center in Leeds at this time so wanted to do it myself....why would they choose to take money for my case if they thought I needed to go back to USA. What form were they going to start with? I don't want to ask them because I feel it's inappropriate given that I cannot afford them.

You've clearly misunderstood advice from that advisor or they have misunderstood your case.
US citizens frequently tend to become overstayers but be aware that this is a road to a world of pain.

Nothing to be done on a visit visa except return 'home' at end of visit.

If 'visit' has extended longer than duration stated on entry then expect issues with any future visit visa you may apply for.

[ohara]

If 'visit' has extended longer than duration stated on entry then expect issues with any future visit visa you may apply for.

This is the most important thing. If you overstay your visit, it may spoil any future chance of coming to the UK legitimately with your family.

It's an almost impossible talk trying to extend your stay in country, your best bet is to return home, apply for the correct visa, then come back to the UK and live happily with your partner and child.

[Wanderer]

Agree with the consensus, absolutely no way you can switch from visit visa in country (you do actually have a visa, it's a virtual one but a visa non the less)

Effectively residing on a visit visa is frowned upon too, expect some questions....

[physicskate]

I know of a case where an American wife of a British national and mother to a British son has just lost a three year legal battle to stay after arriving as a visitor and then submitting an application to remain. Spare yourself (and your family) and go back to the USA and apply for a settlement visa. It could take just a few weeks to process. Save yourself thousands in legal bills that lawyers are happy to take off you!!!