Parent Visa (father of a British Child)

[Surfrider]

This might be a better sub-forum for this question that I posted under the General section.

I am an American father of an 8 year old British Child. He lives with his mother in London (we were never married and are on good terms). I am looking for a UK visa as a parent, but the UK gov website is confusing.

https://www.gov.uk/uk-family-visa/parent

According to this, it says I need to show I am active in my child's life by showing proof of taking to appointments etc. This is exactly what I am trying to accomplish. I live out of the UK now, but would like to get a visa for the UK to be more active in my child's life. Preferably something that will also allow me to work in the UK. I plan on living with my current British girlfriend in the UK.

Am I on the right track pursuing a Parent family visa? How do I prove I am active with the child when I don't have a Visa for the UK in the first place (besides my usual tourist visa on arrival visits).

Any advise would be GREATLY appreciated!

[Wanderer]

To the innocent bystander - this looks like you are using the child to be with your UK girlfriend, how would you counteract that argument - it's what the UKVI will automatic presume...

Link is correct one.

Any reason you can't marry your UK girlfriend?

[Surfrider]

Far too early to marry current girlfriend. I have no idea how else to answer the presumption about using the Family Visa as a means to be with current UK girlfriend. The truth of the matter is my work is highly technical and specialized for the US gov. I've worked abroad for the last 18 years to save and get ahead (and providing full support for my UK child). He's going on 8 now and needs a lot more of my involvement for behavior issues that I would like to help with.

My primary question is how do I prove I am active in the child's life (website uses examples like: doc appointments and school life involvement)? How does one do this without an existing UK Visa? It seems like a chicken before the egg scenario.

[Wanderer]

Fact is visa requirements everywhere haven't really moved with the times (possibly except EU ones) so it's all marriage/work/student based, anything out of what is or was considered 'traditional; isn't catered for. Even the unmarried partner visa is a toughie to get was only brought in in the first place to cater for those unable to divorce by law (i.e. Philippines).

I don't have an answer I'm afraid, just that's it's liable to be a tough ride, because all the UKVO will see is someone who hasn't had a part in the child's life for 8 years so why now?

Good luck anyway, wait for others more knowledgable....

[Surfrider]

First, thanks for your replies and candid responses.

I don't know how the UKVO would honestly view my case. I have been a part of his life, as in we Skype frequently and I visit via tourist visa as often as possible. (Just last week in fact). I have no work rights in the UK, so the fact I don't currently reside there is held against me? This is what I am trying to accomplish now.

Would they really hold it against me for waiting an unspecific period of time before trying to apply as a Parent? I've had work abroad for years and that has paid the bills and allowed a great standard of living for my son. It simply seems odd to be questioned like that.

[Wise]

You need to get yourself over to the UK first and start to make physical impact on your son life, then you can workout the way to start getting the papers needed. It's not hard.

All what they're asking for is nomal thing a good parents will do for their kids and let your girl friend with her passport , mother in laws passport and friends, your son doctor, his school give you letters to state your impact, all of these are very important .

However, the big question is can you be in UK without job for at least a year while ur application is under consideration or may be lucky before then depend on the merit of your application.

Good luck in advance.

[motaco88]

I agree with wise. i would also encoutaged uoi to get a child arrangement order as I have seen that used before to refuse the visa even when the child's mother had written a letter to the home office in support. Chold strangnebt order is fairly easy to get, fill out c100 form, pay 215 GBP, and the wait for a court date. You can attend via telephone so don't have to go over if not convenient. You will need to get a co parenting agreement drawn up by you and your child's mom. This can say what access and involvement you have and what you will have upon return to the UK. A solicitor might be necessary buy I have seen it done without one. Bank statements of suppprt. Also if you have WhatsApp call logs or messages/emails with discussions about discipline, schooling, religion, etc is golden. Hope this helps.

This link should help: https://www.gov.uk/looking-after-childr ... ourt-order

[Surfrider]

You need to get yourself over to the UK first and start to make physical impact on your son life, then you can workout the way to start getting the papers needed. It's not hard...

This is kind of what I was getting at. The entire point of filing the Family visa is so that I CAN do these things. I currently visit on tourist visas a couple times a year and do these things, but how on earth am I supposed to go to the UK on a tourist visa (without a right to work) and stay long term? They live in West London and it is not realistic to expect someone to just come and live on a tourist visa without any means of income.

[CR001]

What official/legal documentation do you have that you have joint custody?

[Surfrider]

..However, the big question is can you be in UK without job for at least a year while ur application is under consideration or may be lucky before then depend on the merit of your application. ...

This is also contradictory from what I have read. According to gov.uk website, you cannot apply for this visa while on a tourist visa. How else am I to enter the country?

Source: https://www.gov.uk/guidance/immigration ... -in-the-uk

Section EC-PT: Entry clearance as a parent of a child in the UK

EC-PT.1.1. The requirements to be met for entry clearance as a parent are that-
(a) the applicant must be outside the UK

[Surfrider]

What official/legal documentation do you have that you have joint custody?

Everything with the ex from day one has been amicable. There are no legal agreements. I pay child maintenance on mutual agreement. I take him on UK holidays, city days out, pick up from school a few occasions, took him to Brompton Hospital once when I visited London.

The obvious issue is that I can only do these things on occasion whilst visiting on a tourist visa.

[Wise]

My contribution was based on applying within the UK which many people do apply on the bases of FLR FP application. But as you have read on the Gov website you can give it ago but my concern will be all those things you've done as a parent for your child is great but again they will like to see proofs and you can possibly get some official legal documents relating to your role. Because the amicable agreement between you and your ex may not carry weight in the eye of any authority in my opinion.


Good Luck.