Flr (fp) on the basis of British Child

[yarab]

No my case is not in immigration court .
My case is bit complicated and confusing me.
I was her on spouse visa and due to separation border force cancelled it with removal direction.
I had to make fresh application 10 years parent route .
I sent the application by post on 6/1/2018 And paid the health surcharge.
But 1st February they refunded the money and ihs withwithout explaining what happened .
So it's been 16 days now I don't know if they are treating my application as invalid or they are treating it under section 120 which is free ( that is what my solicitor think)
And if it was invalid they would of sent the application with supporting documents by now but they havn't send any yet).

Any way I went to the court to ask for child arrangement order because my ex not letting me see my son.
Hearing was listed 8th januarey and I had court order stating that I can spend time with my son supervised in contact centre every 2 weeks.
But it's not final order yet as we have Next hearing next week fact finding hearing to see if my ex allegation was true or not.

You said about parental responsabilites
How can I prove my parental responsabilites?
My name is on my son birth certificate that means you have automatic parental responsability
I also phoned his GP and he gave me a letter stating that I attended twice with him to doctor and he put the dates although I attended more than that but doctor said he couldn't find me there just 2 times is that useful?
I started to sent money to his mum straight away after separation aswell.
And I sent nearly 150 photos together me and my son
Playing with him feeding him sleeping together but all of that was before separation.
We just got separated 4 month ago anyway so it's not long time ago.

My solicitor wrote to the home office to ask what happened and to sent the court order as I didn't have it on the time of the application but havn't heard anything yet from them and I don't know what to do next .
Just wait or what .
Ian on temporary admission and my reporting date will be on 6th of March which is soon .


What else I can do to prove parental responsabilites ?

Keep updating me mate about your case and I wish you a good luck.

Let me know what do you think about my case as well please .

Thank You:)

Thank you Very much for wishing so nice of you
Secondly as far as i know only birth certificate isnt enough even though Rules said if your name is on brithcertificate you have an automatic responsibility but HO Does not accept this thats why they Refused my case and given me right of appeal because they said birth certificate isnt not showing parent Responsiblity so i produced Dr's letter which you have as well is very valid document to show your responsibility and pics too try to explain with a caption on every pic Date month age of child it will be helpful
and to be honest i dont know about the fee they refund but just an idea if they taken your biomatrics then nothing to worry even if they sent back money but if this is before biomatrics then its a issue
a Very good luck to you too your child arrangment order is a valid document Because it proof you are father of child and still in contact with your child im quite sure you going to get your Visa
Best of luck

Thanks man to be optimistic for me
Made me feel better.
But unfortunately they refunded the fees before biometric and I havn't heard anything from them yet. So I don't know what Is going on and no one seems to know even my solicitor.
And I really don't know what to do
Just waiting any response from home office.

I have sent child arrangement order
Pics but didn't date them as my son he is 20 month now
And I sent pic since he was born untill last time I was with him September last year.
Doctor letter just saying I was with him just 2 appointments .
And I don't have contact with nursery coz of what is going on.iam not allowed to go there yet.

Will keep you updated and keep us updated aswell and hopefully everyone gets what he wants.
Just can't imagine I can be away from my son that is all what I need.
And it's so hard times

Hi
Its a struggle i can imagine very well and trust me no one throws you away from your son you got enough evidence to shows your responsibility and contact with your son. But other hand i have doubted about your sumbmission because I've heard from a friend that if they didn't collect your biometric than your case is not submitted yet so you need to contact your solicitor or either Home Office to find out what's the actual status of your application.
May God Help you Amen
Regards

Thank you minhas for your support.

Do you have any idea what number to call to find out what is my application status .
When I phoned they said I have to write to my case worker which I did but I haven't received any answer yet

Thank you bro

[minhas23]

Hi Yarab

ive no idea buddy which number is but if you try to find Liverpool Home Office General Inq number you will must have something. or involve your solicitor or MP its not dificult to get in with your local MP
but serious advice is you really need to find out as soon as possible about your submission and updated status

Regards

[Kandamaya11]

Minhas and Others with British Children.

As far as I'm concerned, you guys have nothing to worry about. Home Office have been granting leave to those with British kids as long as you can prove subsisting parental relationships with your kids and no criminal record.

Even if home office refuses application, the court will reverse it, based on the home office policy and caselaw stated below.

Firstly, it is now accepted in case-law that it is not reasonable to expect a British child to leave the UK, children being entitled to enjoy the right to live in their country of nationality, and therefore to remove their non British parent, and cause separation between parent and child would be a blatant breach of this protected family life.

As noted by the Upper Tribunal in in SF and others (Guidance, post-2014 Act) [2017] UKUT 120 (IAC), a child and family should, as a general rule, be allowed to remain in the UK if the child is a British national and the immigrant family have no criminal record in accordance with 11.2.3 of the Home Office’s published policy.

Good luck.

[graceofgod1]

Hello guys, i am on the same boat. I moved out 2 weeks ago when me and my wife decided to be separated. We mutually agreed that my 4 year old son will stay 2 nights a week and i can see him other time too wherever i want.
I inforned HO about end of relationship a week ago. same time, i have booked PEO for mid march flr fp parent. I am not sure if i will get my curtailment letter before my peo appointment.
These are the documents i am preparing-
My son's birth certificate
My son's passport
Letter from my ex partner that confirms child arrangements
Letter from my ex partner that confirms i play active role on child upbringing and what it means me not to be in my son's life.
Letter from pre school confirming that i take my son to nursery and i pick him up ( hopefully they will provide me the letter).
Letter from myself explaining day to day activities i do with my son and how his best interest depend upon me getting involved i his life.
Picture before separation. Maybe 10
Picture after separation with dates maybe 20

I am really hoping i will get the flr fp leave. And best of luck other sungle parent.

[yarab]

Minhas and Others with British Children.

As far as I'm concerned, you guys have nothing to worry about. Home Office have been granting leave to those with British kids as long as you can prove subsisting parental relationships with your kids and no criminal record.

Even if home office refuses application, the court will reverse it, based on the home office policy and caselaw stated below.

Firstly, it is now accepted in case-law that it is not reasonable to expect a British child to leave the UK, children being entitled to enjoy the right to live in their country of nationality, and therefore to remove their non British parent, and cause separation between parent and child would be a blatant breach of this protected family life.

As noted by the Upper Tribunal in in SF and others (Guidance, post-2014 Act) [2017] UKUT 120 (IAC), a child and family should, as a general rule, be allowed to remain in the UK if the child is a British national and the immigrant family have no criminal record in accordance with 11.2.3 of the Home Office’s published policy.

Good luck.

They are making it very hard
For no reason they can say you don't have subsisting relationship with your son because after separation mothers take the children and make it hard for father to spend time with them and that is what us happening in my situation .
I went to family court and I do have a child arrangement order to spend time with my son fortnightly buy still not a final order as the case still going so I don'tknow if that still a strong evidence or not.

I really hope everyone get what they want.
Good luck

[yarab]

Hello guys, i am on the same boat. I moved out 2 weeks ago when me and my wife decided to be separated. We mutually agreed that my 4 year old son will stay 2 nights a week and i can see him other time too wherever i want.
I inforned HO about end of relationship a week ago. same time, i have booked PEO for mid march flr fp parent. I am not sure if i will get my curtailment letter before my peo appointment.
These are the documents i am preparing-
My son's birth certificate
My son's passport
Letter from my ex partner that confirms child arrangements
Letter from my ex partner that confirms i play active role on child upbringing and what it means me not to be in my son's life.
Letter from pre school confirming that i take my son to nursery and i pick him up ( hopefully they will provide me the letter).
Letter from myself explaining day to day activities i do with my son and how his best interest depend upon me getting involved i his life.
Picture before separation. Maybe 10
Picture after separation with dates maybe 20

I am really hoping i will get the flr fp leave. And best of luck other sungle parent.

I think you have very strong case as your wife is cooperating with you which is great.

Home office when they knew about my separation between me and my ex they actually cancelled my spouse visa and wanted to remove me without give me the right to apply for new FLR FP

They should curtail your leave with 60 days to re apply for new leave.
So even if they curtailed your spouse visa they will still give you time to apply.
Hopefully they will not cancel it and remove you as what happened with me.

You have good supporting documents
I would put more photos and I would get Gp letter aswell
And if you are working provide your your payslips and employment contract to prove you can live without public funds and that you can support your son and prove of accommodation aswell like tenancy agreement will be fine .

Good luck bro

[yarab]

Hi Yarab

ive no idea buddy which number is but if you try to find Liverpool Home Office General Inq number you will must have something. or involve your solicitor or MP its not dificult to get in with your local MP
but serious advice is you really need to find out as soon as possible about your submission and updated status

Regards

My solicitor sent a letter to the caseworker 2nd February but we havn't received any response yet.
And he just told me to wait to hear from them and if we didn't hear from them we can send another letter by next week.
Do you think it's time to contact my MP now or just wait as solicitor saying .
Iam so stressed about it really

[graceofgod1]

Hello guys, i am on the same boat. I moved out 2 weeks ago when me and my wife decided to be separated. We mutually agreed that my 4 year old son will stay 2 nights a week and i can see him other time too wherever i want.
I inforned HO about end of relationship a week ago. same time, i have booked PEO for mid march flr fp parent. I am not sure if i will get my curtailment letter before my peo appointment.
These are the documents i am preparing-
My son's birth certificate
My son's passport
Letter from my ex partner that confirms child arrangements
Letter from my ex partner that confirms i play active role on child upbringing and what it means me not to be in my son's life.
Letter from pre school confirming that i take my son to nursery and i pick him up ( hopefully they will provide me the letter).
Letter from myself explaining day to day activities i do with my son and how his best interest depend upon me getting involved i his life.
Picture before separation. Maybe 10
Picture after separation with dates maybe 20

I am really hoping i will get the flr fp leave. And best of luck other sungle parent.

I think you have very strong case as your wife is cooperating with you which is great.

Home office when they knew about my separation between me and my ex they actually cancelled my spouse visa and wanted to remove me without give me the right to apply for new FLR FP

They should curtail your leave with 60 days to re apply for new leave.
So even if they curtailed your spouse visa they will still give you time to apply.
Hopefully they will not cancel it and remove you as what happened with me.

You have good supporting documents
I would put more photos and I would get Gp letter aswell
And if you are working provide your your payslips and employment contract to prove you can live without public funds and that you can support your son and prove of accommodation aswell like tenancy agreement will be fine .

Good luck bro

Thanks for your reply. Why HO didnt give you 60 days curtailment. You did not inform them ? Thanks Best wishes

[CR001]

I think you have very strong case as your wife is cooperating with you which is great.

Home office when they knew about my separation between me and my ex they actually cancelled my spouse visa and wanted to remove me without give me the right to apply for new FLR FP

They should curtail your leave with 60 days to re apply for new leave.
So even if they curtailed your spouse visa they will still give you time to apply.
Hopefully they will not cancel it and remove you as what happened with me.

You have good supporting documents
I would put more photos and I would get Gp letter aswell
And if you are working provide your your payslips and employment contract to prove you can live without public funds and that you can support your son and prove of accommodation aswell like tenancy agreement will be fine .

Good luck bro

Thanks for your reply. Why HO didnt give you 60 days curtailment. You did not inform them ? Thanks Best wishes

Do yourself a favour and read user 'Yarab' extensive topic to avoid this one of user 'minhas23' becoming yet another duplicate of the link below.

immigration-for-family-members/umm-heal ... 48360.html

It is considered rude to hijack another members thread, regardless of how 'similar' members think their queries are.

Point 12 of the forum rules FAQs (click)

[yarab]

Hello guys, i am on the same boat. I moved out 2 weeks ago when me and my wife decided to be separated. We mutually agreed that my 4 year old son will stay 2 nights a week and i can see him other time too wherever i want.
I inforned HO about end of relationship a week ago. same time, i have booked PEO for mid march flr fp parent. I am not sure if i will get my curtailment letter before my peo appointment.
These are the documents i am preparing-
My son's birth certificate
My son's passport
Letter from my ex partner that confirms child arrangements
Letter from my ex partner that confirms i play active role on child upbringing and what it means me not to be in my son's life.
Letter from pre school confirming that i take my son to nursery and i pick him up ( hopefully they will provide me the letter).
Letter from myself explaining day to day activities i do with my son and how his best interest depend upon me getting involved i his life.
Picture before separation. Maybe 10
Picture after separation with dates maybe 20

I am really hoping i will get the flr fp leave. And best of luck other sungle parent.

I think you have very strong case as your wife is cooperating with you which is great.

Home office when they knew about my separation between me and my ex they actually cancelled my spouse visa and wanted to remove me without give me the right to apply for new FLR FP

They should curtail your leave with 60 days to re apply for new leave.
So even if they curtailed your spouse visa they will still give you time to apply.
Hopefully they will not cancel it and remove you as what happened with me.

You have good supporting documents
I would put more photos and I would get Gp letter aswell
And if you are working provide your your payslips and employment contract to prove you can live without public funds and that you can support your son and prove of accommodation aswell like tenancy agreement will be fine .

Good luck bro

Thanks for your reply. Why HO didnt give you 60 days curtailment. You did not inform them ? Thanks Best wishes

Maybe my case is bit different than yours but yes i informed them that we are separated and I didn't lie.
But you can't say to HO why.
I actually did but they insisted to cancel it.
And now Ian in the process doing flr fp parent route and after they take the fee they refused it back again without any explanation which I still don't know why waiting for the caseworker to write back.
Iam now on temporary admission and I don't know what to do.

As it mentioned you can read my other topic you might understand as its long story and it's minhas topic.
Remember every case is different .
I think your case is easy and straight forward so dobt worry a lot.

Good luck

[graceofgod1]

I think you have very strong case as your wife is cooperating with you which is great.

Home office when they knew about my separation between me and my ex they actually cancelled my spouse visa and wanted to remove me without give me the right to apply for new FLR FP

They should curtail your leave with 60 days to re apply for new leave.
So even if they curtailed your spouse visa they will still give you time to apply.
Hopefully they will not cancel it and remove you as what happened with me.

You have good supporting documents
I would put more photos and I would get Gp letter aswell
And if you are working provide your your payslips and employment contract to prove you can live without public funds and that you can support your son and prove of accommodation aswell like tenancy agreement will be fine .

Good luck bro

Thanks for your reply. Why HO didnt give you 60 days curtailment. You did not inform them ? Thanks Best wishes

Do yourself a favour and read user 'Yarab' extensive topic to avoid this one of user 'minhas23' becoming yet another duplicate of the link below.

immigration-for-family-members/umm-heal ... 48360.html

It is considered rude to hijack another members thread, regardless of how 'similar' members think their queries are.

Point 12 of the forum rules FAQs (click)

Sorry abt that CR001. Do u think it is best idea to create one thread dedicating for all single parent who wish to apply for flr fp parent route. There is flr fp timeline but most of the cases are those who have partner and child , therefore flr fp partner route.
Is it ok for me to create flr fp parent only thread. Thanks

[CR001]

Sorry abt that CR001. Do u think it is best idea to create one thread dedicating for all single parent who wish to apply for flr fp parent route. There is flr fp timeline but most of the cases are those who have partner and child , therefore flr fp partner route.
Is it ok for me to create flr fp parent only thread. Thanks

Members should start and stick to their own topics to avoid threads becoming a jumble of posts and responses that make no sense these topics become very difficult and impossible to moderate.

Each persons case is different, regardless of applying on the same route.

[minhas23]

Minhas and Others with British Children.

As far as I'm concerned, you guys have nothing to worry about. Home Office have been granting leave to those with British kids as long as you can prove subsisting parental relationships with your kids and no criminal record.

Even if home office refuses application, the court will reverse it, based on the home office policy and caselaw stated below.

Firstly, it is now accepted in case-law that it is not reasonable to expect a British child to leave the UK, children being entitled to enjoy the right to live in their country of nationality, and therefore to remove their non British parent, and cause separation between parent and child would be a blatant breach of this protected family life.

As noted by the Upper Tribunal in in SF and others (Guidance, post-2014 Act) [2017] UKUT 120 (IAC), a child and family should, as a general rule, be allowed to remain in the UK if the child is a British national and the immigrant family have no criminal record in accordance with 11.2.3 of the Home Office’s published policy.

Good luck.

Hi Kandamaya
Thanks a lot i agree with you about parents with British Child but i agree with Yarab as well Home Office just making this Hard to get on point when i submit my application on British Child route i sent lot of Documents but they just refused and in appeal which is Already Done Honourable Judge did'nt even Challenged any Document neither Home Office Representative raised any question and at the end HO Rep accepted my parental Responsibilities . Still Waiting for Decision and Praying that i struggled a lot will be big Disappointment for me if it comes with NO..
but i appricieate your Concerns and info
stay bless
Regards

[minhas23]

Hi Yarab

ive no idea buddy which number is but if you try to find Liverpool Home Office General Inq number you will must have something. or involve your solicitor or MP its not dificult to get in with your local MP
but serious advice is you really need to find out as soon as possible about your submission and updated status

Regards

My solicitor sent a letter to the caseworker 2nd February but we havn't received any response yet.
And he just told me to wait to hear from them and if we didn't hear from them we can send another letter by next week.
Do you think it's time to contact my MP now or just wait as solicitor saying .
Iam so stressed about it really

Hi Yarab
i think you should contact your MP as soon as possible Because it take time to get an appointment with MP and no matter you Solicitor's letter is pending MP letter will bost your previous letter Trust me .
i know they responce very Quick on MP letter
Regards

[minhas23]

Hello guys, i am on the same boat. I moved out 2 weeks ago when me and my wife decided to be separated. We mutually agreed that my 4 year old son will stay 2 nights a week and i can see him other time too wherever i want.
I inforned HO about end of relationship a week ago. same time, i have booked PEO for mid march flr fp parent. I am not sure if i will get my curtailment letter before my peo appointment.
These are the documents i am preparing-
My son's birth certificate
My son's passport
Letter from my ex partner that confirms child arrangements
Letter from my ex partner that confirms i play active role on child upbringing and what it means me not to be in my son's life.
Letter from pre school confirming that i take my son to nursery and i pick him up ( hopefully they will provide me the letter).
Letter from myself explaining day to day activities i do with my son and how his best interest depend upon me getting involved i his life.
Picture before separation. Maybe 10
Picture after separation with dates maybe 20

I am really hoping i will get the flr fp leave. And best of luck other sungle parent.

Hi As far as i know you have got very Stronge Documents to show your parental responsibilities im agreed with Yarab your case will be succeed
Best of Luck

[yarab]

Hi Yarab

ive no idea buddy which number is but if you try to find Liverpool Home Office General Inq number you will must have something. or involve your solicitor or MP its not dificult to get in with your local MP
but serious advice is you really need to find out as soon as possible about your submission and updated status

Regards

My solicitor sent a letter to the caseworker 2nd February but we havn't received any response yet.
And he just told me to wait to hear from them and if we didn't hear from them we can send another letter by next week.
Do you think it's time to contact my MP now or just wait as solicitor saying .
Iam so stressed about it really

Hi Yarab
i think you should contact your MP as soon as possible Because it take time to get an appointment with MP and no matter you Solicitor's letter is pending MP letter will bost your previous letter Trust me .
i know they responce very Quick on MP letter
Regards

I have sent an email to my MP just now .
I had a hearing date tomorrow but the other side requested to be postponed because there are some document the court ordered and not ready yet.

And the court changed the hearing date untill end of April for fact finding hearing.

Do you guys know if the child arrangement order that I have now is good enough?
It says that the mother should make the child available fortnightly to spend time with the father
And it says that there is a fact finding hearing which means it's not final order yet.
Do you think is it good enough or home office will have to wait for the final order which it will take ages?

Thank you

[CR001]

I have sent an email to my MP just now .
I had a hearing date tomorrow but the other side requested to be postponed because there are some document the court ordered and not ready yet.

And the court changed the hearing date untill end of April for fact finding hearing.

Do you guys know if the child arrangement order that I have now is good enough?
It says that the mother should make the child available fortnightly to spend time with the father
And it says that there is a fact finding hearing which means it's not final order yet.
Do you think is it good enough or home office will have to wait for the final order which it will take ages?

Thank you

@ 'yarab' - Can you please continue your questions in your existing long running topic where you have received a lot of information and advice already. It is unfair that you are just continuing tagging your questions onto this OPs topic.

If you persist, this topic will be locked.

[minhas23]

Hello Everyone
Just an Update
Received my court Hearing Decision today which is NO
Court has dismissed my appeal on the grounds of Very Poor Immigration History. Which i never lived illegally or breached any Law no criminal record always with in Home Office Radars
Court accepted my parental responsibility but says child can live with his mother because she is main career.
That's all im really disappointed with this and don't know what to do next should i go for UT ?

[munirabid]

go for error of law in upper tribunal keep fight until appeal right finish and if not successful then go for again for further submission on 7 years child route.

[minhas23]

go for error of law in upper tribunal keep fight until appeal right finish and if not successful then go for again for further submission on 7 years child route.

Thank You Bro Munir Abid yes i will fight and shortly i will post my Decision here this might help to other people as well

[yarab]

I really wish good luck for you bro
It's not fair what is happening from these people
Hopefully you will be sorted soon and I hope someone will be able to help you on here

[Kandamaya11]

@Minhas. So sad to know your appeal outcome was a refusal. Way forward should be Upper Tribunal ..I still believe you have a better case to succeed. Most often times, Upper Tribunal favours situation like yours because of your child as long as you are able to prove parental relationship with child and no criminal record.

Most applicants who have succeeded also have poor immigration history and some even with criminal record. Don't give up.

Best Of Luck

[minhas23]

@Minhas. So sad to know your appeal outcome was a refusal. Way forward should be Upper Tribunal ..I still believe you have a better case to succeed. Most often times, Upper Tribunal favours situation like yours because of your child as long as you are able to prove parental relationship with child and no criminal record.

Most applicants who have succeeded also have poor immigration history and some even with criminal record. Don't give up.

Best Of Luck

Thank you So Much Kandamaya and Yarab no i won't give up because everyone belive thats the decision was biased. Only worried it takes ages now to get another Hearing Date thats the only disappointing aspect. But im Greatful to you all for backing up
Stay bless Amen

[minhas23]

Just to Help Other Members maybe it will be useful for some going to face Firt tier Tribunal

Line to Line from Decision 

Judge Finding 

The First Question to consider is whether there is Family life. I accepted the appellant has family life with his six month old son. The evidence from the appellant and his Partner which i accepted is that they currently live separately but he sees his son daily and aids his partner for both herself and their son. HO Rep conceded that Both section 117b(6) of the 2002 act and respondent's August 2015 policy of British children applied.

I accept that it would not be reasonable to ask the appellant's child and mother to leave this country but whilst i accepted the appellant has a genuine and subsisting relationship with his son and that is a significant factor to have regard to it is nevertheless not the only factor.

The duty in section 55 of 2009 act to have regard to the need to safeguard and promote the welfare of children who are in the UK means that consideration of the child's best interests is a primary consideration in immigration cases.

The appellant provides support to her partner who had a difficult time after the pregnancy with an infection and he submits that there is very close bond between himself and his son.

The appellant spoke English and told me that if he was able to obtain employment he would seek to obtain employment as ......... however it goes without saying that the appellant has never been able to demonstrate any financial independence and his whole life here started whilst he was here unlawfully.

The Fact the appellant has a genuine and subsisting relationship with his son , backed up by a court order is a significant factor that i have to take into account but as i stated above the mere fact that child is British does not mean as appeal automatically succeed.


I am satisfied of the child as British citizen is to remain in UK but the appellant is not the primary carer. Whilst i accept the appellant sees his son regularly it seems that his Partner who takes child to appointment and looks after him at night (here judge totally disregarded evidence red book and Dr appointments where they states they sees Child with Dad and mum )

The appellant has not charged with any criminal offences and has no criminal convictions. Ho Rp argued that appellant has a very poor immigration history and pointed to the fact that when he entered the country he did not tell the truth. The appellant by virtue of that deception and by reason of his failed applications has never been here lawfully.


Taking all these factors into account and whilst i attach significant weight to the evidence i have heard about his level of involvement with his son i nevertheless conclude that immigration control is in the public interest and it would not on the facts of this case be disproportionate to remove him.

I dismiss the appellant appeal on Human rights Grounds..


End off

[munirabid]

sorry open link below

general-uk-immigration-forum/asylum-fre ... h%20asylum