Can i Obtain my stay through my British child

[Ieshakay]

I am originally from Ghana, I have been in the UK for about 8 years, when I came to the UK I came on a visitors visa. During my time here I did get married to a British lady but I was refused status from the home office with my first application my relationship with my wife broke down and I withdrew my appeal application from the home office due to that. I have moved on and have been with another British born lady and we now have a child. I would like to know if there is anyway for me to apply for my stay on the basis of the child as we do not want to rush into marriage.

If this is not an option if we were to eventually get married could we do this whilst I remained in the UK and submitted an application to the home office to get my stay or would I be sent back home to Ghana to apply from there to return to the UK.

Also would my previous applications that I have made to the home office effect any new applications I make moving forward.

Thank you very much

[Casa]

I am originally from Ghana, I have been in the UK for about 8 years, when I came to the UK I came on a visitors visa. During my time here I did get married to a British lady but I was refused status from the home office with my first application my relationship with my wife broke down and I withdrew my appeal application from the home office due to that. I have moved on and have been with another British born lady and we now have a child. I would like to know if there is anyway for me to apply for my stay on the basis of the child as we do not want to rush into marriage.

If this is not an option if we were to eventually get married could we do this whilst I remained in the UK and submitted an application to the home office to get my stay or would I be sent back home to Ghana to apply from there to return to the UK.

Also would my previous applications that I have made to the home office effect any new applications I make moving forward.

Thank you very much

You are unable to apply under the FLR(FP) Parent route as you are living with the mother of your child.

In order to marry in the UK you would first have to register your intent with a Home Office designated Registry Office. The Registrar is then legally bound to notify the HO who can then extend the notification period from 28 to 70 days in order to interview you both separately if they choose to do so, before the marriage can go ahead.

As you have no legal status in the UK you should be aware that you are at risk of being detained during the interview.

Even if you are given permission to marry, you will be unable to submit a spouse visa application from within the UK and would have to return to your home country to apply from there.

[Papasee]

How long have you been with your current partner and are you living together if so how long?

[Ieshakay]

We have been together for about 4 years and living together for 2 years and our baby is just a month old.

[Casa]

In which case you could apply as an Unmarried Partner if you have all the supporting documentation that you have been living together for the mandatory 2 years in a relationship 'akin to marriage'. You may be required to provide a DNA test to prove paternity. This would be a FLR(FP) Partner 10 year route to settlement.

However, this application won't be a 'golden ticket' to legal residency and you may still be required to submit an application from outside of the UK.

Is your partner earning a minimum of £18,600 p.a? How have you been supporting yourself during your time in the UK?

[Ieshakay]

What kind of documation would we need because I am not able to work. We have been staying between her family home and my family. And my family also help me out financially.

She does not earn the 18,600 per year as required but she does work part time. Now she has had the baby she is not sure if she would want to return to work as she wants to stay home to look after the child, would this effect the outcome of my application if I made one.

If granted an extension I would solely be the financial provider for the family.

As you have stated we could apply under the FLR(FP) Partner 10 year route to settlement is there anything that would effect this being granted like breakdown of relationship as this is not in our foreseeable future I would like to know the goid and bad of everything as nothing is truely guaranteed.

[Casa]

It's pointless asking for advice on hypothetical situations in the future. However, if you separated you would have to apply for FLR(FP) Parent route, which is also by no means a guaranteed route to settlement.

Bear in mind that may FLR(FP) applications are refused and even more so when you have been in the UK without any legal right for so long.

An Unmarried Partner or Spouse visa application submitted from outside of the UK will fail if your partner doesn't meet the £18,600 minimum income level.

I suggest you read in particular Pages 25/26 in the link below regarding 'Insurmountable Reasons' which would prevent you continuing your family life together outside of the UK.
https://www.gov.uk/government/uploads/s ... t_2015.pdf

[Ieshakay]

Ok thank you