Leave Outside The Rules - Complex Case

[blackkent]

Hey Guys,

I need a bit of help or would I say advice on my case.

I have been following the forum and I first wanna thank yall for the amazing help you give to people.

MY STORY: I came to the UK in 2015 on a spouse visa. Unfortunately last year 2016 November my previous marriage broke down terribly, my ex wife broke up with me and informed the Home Office to curtail my visa, which they did. I had till March 21st 2017 to either leave the UK or apply for a further leave to remain. I applied for a FLR FP as the parent of a british child cos I have a daughter who is 2 years and 6 months. However, the challenge I face is that I did not submit a court order showing that I have direct access to her or an informal agreement with the ex. The case is still in court because my ex wife is being very bitter, lots of allegations and wont let me see her. I do not want to put all my eggs in one basket because with the way the court case is going, to be realistic, I will either get Supervised Contact at a Contact Centre or No Contact at all because "Ex played her game right".. Fair play to her.

Bottom Line is: I have been in a new relationship since February this year and have been living with my new partner and 6 year old son since June. We have almost everything together now including Joint Bank Statements, Council Tax Bills and Businesses together. Her son's biological father is dead and I am the only father the young man knows right now. I have a very strong parental relationship with him. I pick him up from school, take him to the hopsital and my name is also on the school records.

I and my current partner are currently engaged and due to the fact that we cant get married because of my on going FLR FP application/my passport being with the home office, we are having a Commitment Ceremony next month.

My Question Due to my ex wife's actions and the whole court nonsense, I have little or no faith in my current ongoing application becos I havent submitted court document as proof of direct access, only photographs, bank statements of monies sent to the ex.

If I am refused an FLR FP ( which they might unless am favoured by God and they ignore the docment ), Can I apply for Leave Outside of the Rules on the basis of my new family life with my current spouse and the son ? I cant apply as unmarried partner due to the 2 year rule. So LOTR seems to be my only option. What do you guys think ? Any advice for a young brother ?