Parent of a british child

[Doc1985]

Good evening,
my wife is british, and we have a 4 years old british son. She moved to the UK in sempteber based on the idea that she would work for 6 months and then be able to sponsor me as a spouse to join them. 3 weeks ago she mailed me requesting divorce. Now without going into the details of that, my question is in the event of divorce, me being left behind in my home country means that I have basically lost my son, which is very cruel and in-humane. I was looking into applying to enter the UK after divorce as a parent of a british child. She says she will give me contact rights etc and even if she doesnt I can get it through court.
Anyways my question is in regards to the financial requirement. I looked everywhere and could not find the details about it. Is it exactly the same as that of a spouse visa? Cant be right, because basically how am I expected to have a UK job before coming to the UK first. It does say that I must meet financial requirements but no further details are given.
Help would be greatly appreciated as I am in a right dilemma here. All I want is to be close to my son.

[Doc1985]

The other concern i have is, how do I prove taking a role in the chil's upbringing etc since I am outside the UK? Financially I am the only provider to both of them, sending monthly rent, money for clothes, school, food and everything else. At the moment all I get is video chats with my son when his mother is in a good mood!
The whole situation is heart breaking and killing me.

[Obie]

It is very sad what she did to you.

Fortunately if coming under the parent route there is no financial requirement. Just evidence you have sufficient resources not to be a burden on the UK will suffice.

[Doc1985]

Thanks Obie, really appreciate your response.
Thats great to hear, but do you have an idea of what would be considered enough to support myself in that case. In terms of savings for example, and for how many months do they calculate it.

[Obie]

It will all depends on your circumstances.

How much your rent is, Your council tax, your dependent children, how much you earn, and when all expensee are deducted how much is left.

Is whats remain the same or abobe the rate of income support a person on your circumstances will receive.

[Casa]

It will all depends on your circumstances.

How much your rent is, Your council tax, your dependent children, how much you earn, and when all expensee are deducted how much is left.

Is whats remain the same or abobe the rate of income support a person on your circumstances will receive.

How will the OP submit the required evidence when they are living outside of the UK?

[Obie]

Sorry Casa, I don't follow.

What evidence? That he has sufficient resources?

His bank statement or earming will suffice, will it not?

[Casa]

As he's living outside of the UK his bank statement will only show what funds he has available. He won't be able to prove he meets the adequate maintenance level with no UK earnings...rent, council tax etc.

It appears from his opening post that his wife's intentions were to apply for a spouse settlement visa for him to join her and their son, but she changed her mind, leaving him separated from the family in his home country.

[Obie]

He may have a bank account. I am stunned by the wife's behaviour.

[Casa]

He may have a bank account. I am stunned by the wife's behaviour.

Will the Case Worker accept an overseas bank account alone as proof of adequate maintenance?

[Doc1985]

That is exactly the case. I work as a doctor (GP) in my home country. The idea was that she was going to get me to join them in 6 months, but she did what she did. Bullying me almost on daily basis. Started with saying I need money, and once i send the money ( call me stupid but I can't leave my son to starve, plus his school expenses, plus providing him a warm and safe place to live in), she sends me a mail next day saying I recieved the money thanks, here is a photo of your son.
Anyways you get the idea. I guess the only way for me to prove any kind on self support or maintenence is by savings. So when the case was of a spouse visa, I'm aware its 62k pounds of savings.
Now I don't know if it would be the same when applying on the parent route, as it's not mentioned clearly.

[Casa]

I'll leave Obie to advise on the adequate maintenance as I agree it's not clear.

You will however have to consider that you will need to submit evidence of access rights to your son in the form of a Residence or Contact Order granted by a UK Court or a certificate issued by a judge confirming your intention to maintain contact with your son.

[Obie]

OP your wife has behaved in the most disloyal and appalling way unfitting of a good wife, and i best try and control myself so i do not have to express much of a view on this matter.

As this will be an Entry clearance application, the way it will be done Casa is this.

I believe as OP is a single man due to his wife's behavior, he will need to show he is be left with £73.10 after housing cost and council tax is deducted.

If he is relying on savings, he will need to show a savings of 10,453.30, which is 73.10 multiply by 143 weeks, which is the period that entry clearance under the rules are issued for.

If he has friends who will offer accommodation, that is how much he will need to show in savings.

If he will be renting, then he will need to show that once the cost of his rent over the 143 weeks period are taken out, he will have 10,453.30 as savings to last for the 143 weeks visa he will be issued. So if rent will £100 a week, he will need to show an extra 14300£ added to the 10453.30 which will be £24,753.30.

I hope the above make sense .

[CR001]

Obie, as a GP, wouldn't the OP qualify for a Tier 2 General through the NHS if he can get sponsored??

[Obie]

He could try and see.

One has to bear in mind that his ability to practice and being registered by the GMC may not be as automatic, depending on the country where he practiced.

I will be happy for him if he succeed. I am very troubled by my reading of OP's post, and i will be happy if he can secure any lawful way of getting back to the UK.

The way he was treated is wholly wrong, and it is much wrong that the lady is making him into a ATM, after the way he treated him.

Wondered why she never had the decency of saying the relationship is over, before coming to the UK.

[CR001]

That is exactly the case. I work as a doctor (GP) in my home country.

If you don't mind me asking, what is your nationality? Just trying to get a fuller picture to see what other options might be available to you.

[CR001]

He could try and see.

One has to bear in mind that his ability to practice and being registered by the GMC may not be as automatic, depending on the country where he practiced.

I will be happy for him if he succeed. I am very troubled by my reading of OP's post, and i will be happy if he can secure any lawful way of getting back to the UK.

The way he was treated is wholly wrong, and it is much wrong that the lady is making him into a ATM, after the way he treated him.

Wondered why she never had the decency of saying the relationship is over, before coming to the UK.

Yes agree Obie, it is awful and using a child in this way to exploit the father for money is not very nice at all.

[Doc1985]

I would like to thank everyone for all the help and support you are offering. It has been 3 weeks from hell to me. What I mentioned is just the tip of the iceberg.
I hold Iraqi citizenship but never lived in Iraq. I work and live in Oman, and that is where I finished my education as well.
All I want is to be in my son's life, be able to do my duties to him, and for him to have a father in his life and have a normal and a happy life wherever it is, location doesn't matter to me and I will follow him to the moon.
For me to practice medicine in the UK, I would have to clear GMC exams first. Not to mention that being from outside the EU, it will be so hard for me to compete for a job without being a resident in the UK first. Not impossible, just a bit harder at the moment. Saying that, I've already started the process by clearing my IELTS test with an overall score of 7.5.
That amount you mentioned Obie sounds reasonable and achievable to me.
Now all thats left is for me to wait and see what tomorrow brings me and hope for the best.
Thank you again, you can't imagine how helpful and relieving everyone's help was.
I will keep you updated.

[Casa]

You will however have to consider that you will need to submit evidence of access rights to your son in the form of a Residence or Contact Order granted by a UK Court or a certificate issued by a judge confirming your intention to maintain contact with your son.

It would be prudent to start to put the above requirement into action.

[Obie]

I don't think the current policy is tenable.

I think it will be best for you to get a visitor's visa, come to the UK and be involved in the divorce process and child arrangement provision in place.

You cannot let her be in the driving seat on this. You need to be proactive.

In the short time, try and be nice to her until you get what you want.

I suspect she had planned this all along but thought if she told you before she left Oman, you would have stopped her from bringing the child to the UK , so decided to play nice, bring the child in, and then reveal her true picture.

I think it is the same approach you have to take. Even when you are upset, give her the impression you are happy. When she says you are stupid , just laugh over it and say "you are not the first to have said that", until you get what you want, then you will have contact, and then limit the contribution you make.

I believe she will probably be claiming all social security that UK has to offer and then probably tell the authorities she is single, was abused by father in Oman and had to run away to UK. That she was being beaten by you every single day and the Omani authorities did nothing to help her , that she had to flee for her life, as it is a Muslim country and this practise is acceptable. She may have gone as far as to say, you are making no financial contribution to your child's life.

Don't just sign divorce papers, focus on the grounds she put, and object to it if you are unhappy.