parent of a british child

[coffeegirl]

About a year a go I got married to what I thought was the best person in the world. He was from Pakistan. In Pakistan he was fine. As soon as he came here we had lots of problems. Mostly due to his attitude and family.

However just recently I discovered solid evidence which suggests that my husband is here just for the visa. This evidence is not something which border force would look at but it is solid enough for me.

It proved that he isn't being totally sincere to me and had lots of policies to build his own life separately from me. The problem is I am also 8 months pregnant. Now it also emerged from the evidence that his plan was to stay with me for 2 more months and then he would be the father of a British Child therefore nobody would be able to chuck him out of here.

He is also wanting another chance. I am not stupid enough to give him another chance however I don't want to take any drastic step. Therefore can someone explain to me if he really will be able to stay after the baby is born or would I still have the right to cancel his visa and send him back?

He is on spouse visa, first year.

[noajthan]

Most unfortunate.

A child in UK does not guarantee life or a future in UK.

End of relationship, end of visa. Its sponsor's responsibility to keep UKVI/HO advised of material changes.
Good luck.

[CR001]

As noajthan has advised, it is not the easiest of paths and he would still have lots of hoops to jump through.

The link below are the forms you need to complete to inform HO about the relationship breakdown etc.

https://www.gov.uk/government/publicati ... nsent-form

[secret.simon]

As the father of a British citizen, your husband may have a claim under human rights law to stay in the UK. But it is a difficult route and one that is becoming more difficult by the day.

If the child stays with you, he will not be able to apply for the Zambrano route either.

As suggested by Noajthan and CR001, you should inform the Home Office/Border Force of the breakdown of marriage.

If things are at a difficult pass, as you are domiciled in the UK, divorce proceedings can be undertaken through the British courts, even if the marriage took place abroad.

Given the background you suggested, you may also come under social pressure, even from close family members. Stay strong and draw on the support in place for such situations. Your local CAB may be able to guide you further.

[coffeegirl]

As the father of a British citizen, your husband may have a claim under human rights law to stay in the UK. But it is a difficult route and one that is becoming more difficult by the day.

If the child stays with you, he will not be able to apply for the Zambrano route either.

As suggested by Noajthan and CR001, you should inform the Home Office/Border Force of the breakdown of marriage.

If things are at a difficult pass, as you are domiciled in the UK, divorce proceedings can be undertaken through the British courts, even if the marriage took place abroad.

Given the background you suggested, you may also come under social pressure, even from close family members. Stay strong and draw on the support in place for such situations. Your local CAB may be able to guide you further.

Ok this is a huge relief. I will be informing Home Office. What is the process usually? Do they write to husband - give him time?

It is family pressure at the moment - mostly from his side.

[noajthan]

Ok this is a huge relief. I will be informing Home Office. What is the process usually? Do they write to husband - give him time?

It is family pressure at the moment - mostly from his side.

Don't worry about UKVI/HO, once you fulfill your obligation and they are informed its out of your hands.
They will act or not - you may never know, you will not be part of the 'process' and they will not keep you in any loop.

[coffeegirl]

Long story short - I married a fraudster(obviously I didn't realise ) and I sponsored him to the UK from Pakistan. We have a 3 month baby. I have concrete evidence to suggest that Husband had played fraud with me for visa purposes and has used deception to marry me.

He has now run away with all belongings and I have informed the police of domestic abuse and such. He will be arrested at some point for common assault. Immigration have also been notified. Before he left, my husband said I don't need you to give me further visa...now I will be using to Ireland route to secure my visa so basically talk to you.

What does he mean by the Ireland route? And can he really claim that? He is on his initial 33 month stamp and it has only been a year. We haven't registered the marriage, he didn't attend the birth registration and doesn't see or make any attempt to see his child nor provide any maintenance. I will be applying for sole custody soon but can he make claims based on the child and is he likely to proceed? Or would he eventually be deported? What is the Ireland route, he holds a Pakistan passport with a British visa so surely he would need to get a passport for Ireland as well?

[vinny]

Posts merged.

[seagul]

Long story short - I married a fraudster(obviously I didn't realise ) and I sponsored him to the UK from Pakistan. We have a 3 month baby. I have concrete evidence to suggest that Husband had played fraud with me for visa purposes and has used deception to marry me.

He has now run away with all belongings and I have informed the police of domestic abuse and such. He will be arrested at some point for common assault. Immigration have also been notified. Before he left, my husband said I don't need you to give me further visa...now I will be using to Ireland route to secure my visa so basically talk to you.

What does he mean by the Ireland route? And can he really claim that? He is on his initial 33 month stamp and it has only been a year. We haven't registered the marriage, he didn't attend the birth registration and doesn't see or make any attempt to see his child nor provide any maintenance. I will be applying for sole custody soon but can he make claims based on the child and is he likely to proceed? Or would he eventually be deported? What is the Ireland route, he holds a Pakistan passport with a British visa so surely he would need to get a passport for Ireland as well?

I don't think it's domestic violation or abuse case. And for spouse visa you must have demonstrated the evidences of genuine & subsisting relationship so it would be not easy to convince HO that you were so innocent of being used by fraudster for visa. And now you are pregnant with his British child so it would not easily fulfill your dream to chuck him out just merely by informing HO. If you search then a lot of couples on arrival or shortly after arriving UK got disagreements which need to be fixed initially by informal ways to save time and cost.

[vinny]

If he gets a court order or your consent for direct access to your child, then he may apply for leave to remain as a Parent of a child in the U.K.

[Casa]

Long story short - I married a fraudster(obviously I didn't realise ) and I sponsored him to the UK from Pakistan. We have a 3 month baby. I have concrete evidence to suggest that Husband had played fraud with me for visa purposes and has used deception to marry me.

He has now run away with all belongings and I have informed the police of domestic abuse and such. He will be arrested at some point for common assault. Immigration have also been notified. Before he left, my husband said I don't need you to give me further visa...now I will be using to Ireland route to secure my visa so basically talk to you.

What does he mean by the Ireland route? And can he really claim that? He is on his initial 33 month stamp and it has only been a year. We haven't registered the marriage, he didn't attend the birth registration and doesn't see or make any attempt to see his child nor provide any maintenance. I will be applying for sole custody soon but can he make claims based on the child and is he likely to proceed? Or would he eventually be deported? What is the Ireland route, he holds a Pakistan passport with a British visa so surely he would need to get a passport for Ireland as well?

I don't think it's domestic violation or abuse case. And for spouse visa you must have demonstrated the evidences of genuine & subsisting relationship so it would be not easy to convince HO that you were so innocent of being used by fraudster for visa. And now you are pregnant with his British child so it would not easily fulfill your dream to chuck him out just merely by informing HO. If you search then a lot of couples on arrival or shortly after arriving UK got disagreements which need to be fixed initially by informal ways to save time and cost.

@seagul. It's dis-respectful to make a judgement on whether DV and abuse have taken place.

[seagul]

Long story short - I married a fraudster(obviously I didn't realise ) and I sponsored him to the UK from Pakistan. We have a 3 month baby. I have concrete evidence to suggest that Husband had played fraud with me for visa purposes and has used deception to marry me.

He has now run away with all belongings and I have informed the police of domestic abuse and such. He will be arrested at some point for common assault. Immigration have also been notified. Before he left, my husband said I don't need you to give me further visa...now I will be using to Ireland route to secure my visa so basically talk to you.

What does he mean by the Ireland route? And can he really claim that? He is on his initial 33 month stamp and it has only been a year. We haven't registered the marriage, he didn't attend the birth registration and doesn't see or make any attempt to see his child nor provide any maintenance. I will be applying for sole custody soon but can he make claims based on the child and is he likely to proceed? Or would he eventually be deported? What is the Ireland route, he holds a Pakistan passport with a British visa so surely he would need to get a passport for Ireland as well?

I don't think it's domestic violation or abuse case. And for spouse visa you must have demonstrated the evidences of genuine & subsisting relationship so it would be not easy to convince HO that you were so innocent of being used by fraudster for visa. And now you are pregnant with his British child so it would not easily fulfill your dream to chuck him out just merely by informing HO. If you search then a lot of couples on arrival or shortly after arriving UK got disagreements which need to be fixed initially by informal ways to save time and cost.

@seagul. It's dis-respectful to make a judgement on whether DV and abuse have taken place.

You have failed to understand. My mean is that just merely leaving the home or separated with no contact is not a domestic violence/abuse.

[CR001]

@seagul, the OP does not have to state all the details. If there was domestic abuse, members on the forum should not judge whether there was or not Base don't other information posted.

That aside, the OP's question is not for a discussion about domestic abuse but whether the partner can stay based on child and what is meant by Ireland.

[coffeegirl]

Long story short - I married a fraudster(obviously I didn't realise ) and I sponsored him to the UK from Pakistan. We have a 3 month baby. I have concrete evidence to suggest that Husband had played fraud with me for visa purposes and has used deception to marry me.

He has now run away with all belongings and I have informed the police of domestic abuse and such. He will be arrested at some point for common assault. Immigration have also been notified. Before he left, my husband said I don't need you to give me further visa...now I will be using to Ireland route to secure my visa so basically talk to you.

What does he mean by the Ireland route? And can he really claim that? He is on his initial 33 month stamp and it has only been a year. We haven't registered the marriage, he didn't attend the birth registration and doesn't see or make any attempt to see his child nor provide any maintenance. I will be applying for sole custody soon but can he make claims based on the child and is he likely to proceed? Or would he eventually be deported? What is the Ireland route, he holds a Pakistan passport with a British visa so surely he would need to get a passport for Ireland as well?

I don't think it's domestic violation or abuse case. And for spouse visa you must have demonstrated the evidences of genuine & subsisting relationship so it would be not easy to convince HO that you were so innocent of being used by fraudster for visa. And now you are pregnant with his British child so it would not easily fulfill your dream to chuck him out just merely by informing HO. If you search then a lot of couples on arrival or shortly after arriving UK got disagreements which need to be fixed initially by informal ways to save time and cost.

I think you mis-understand me. There HAS been domestic abuse in the relationship however I had always kept it hidden due to the cultural sensitivities. And yes that is true, however it was a whole plan made by my husbands family which included his siblings here and in Pakistan as well as his parents and I have vocal and written evidence to confirm this. I will be looking to get a lawyer for fraud and arranging a fraud marriage.

[CR001]

I have just sent you an interesting organisations link on PM. Have a look at all the work they have done regarding marriage fraud.

Have you informed HO on the required form regarding your relationship breakdown?

[Kashif_Hussain]

Hi,
As this is a public forum and we do not know the full details therefore I would be difficult to anyone to give you advice. It would be better if you talk to local citizen advice bureau or a qualified lawyer.

Now, check if he has the parental responsibility?
A father usually has parental responsibility if he’s either:
1: married to the child’s mother
2: listed on the birth certificate

Did you report the domestic abuse to the police?
Any police action against him?

Did he take part in child upbringing, any evidence of that?

If he applies for contact order (depending on the circumstances), I guess he would, I don't think you will be able to stop him. Once he gets the contact order he can apply for leave to remain on that basis. Most likely he would be successful.

He is the father of the child. As long as he did nothing bad to the child I think he has every right to see his child. Issues are between you and him (2 adults) and it's nothing to do with the child. A child needs both mother and father so again if he is kind to the child, he has rights to see the child.

Inform the home office of the breakdown of the relationship and talk to CAB or a lawyer in detail.

[vinny]

There HAS been domestic abuse in the relationship however I had always kept it hidden due to the cultural sensitivities.

See also victim of domestic violence.

[coffeegirl]

Hi guys,
Some of you may remember me from my last post regarding my ex husband and his immigration status. With the help of a very lovely lady on here, I was able to get his leave to remain curtailed.

I moved on with my life after lots of messy reconciliation efforts between both families which were rejected by my husband's family. All attempts were done through his and my family members. He pretty much disappeared of the scene.

It has now been 7 months and after having been in talks with the Home Office, I managed to get his spouse visa curtailed. His visa finished yesterday and today I have received court papers to initiate contact with his daughter. I know this is only for immigration reasons, he has no interest in the child.

My daughter is now 8 months and has not seen him since she was 1 and half months old. She is very clingy with me and does not stay with anyone she doesn't know. She would not recognize her father at all. As children we also have seen my mum stay in an abusive marriage for almost 3 decades and it has had devastating effects on us so much so that I now CANNOT break free of the bond I have with my father even if he is a toxic person. I wouldn't want my daughter to go through the same as her father was also a toxic person. So at this point I will be opposing all contact especially when he didn't think to see her in the past 8 months but has now sent an order in the day after his visa expired.

Another thing I noticed was that he put in his C100 form that he does not qualify for mediation because he does not have contact details for me but on the other hand, he has put down my phone number etc. I also moved back into my mums house which is where we both lived together at some point. So basically our addresses and contact details are the same as day 1. Is there any way I can oppose this?

I've never really been in court much and am feeling quite scared and lost by all the legalities - what are my chances of success?

[New on forum]

He is very likely to be able to remain in the country as a parent.
Your best course of action is to think of the best interests of your child rather than focusing on how to get him deported which is now highly unlikely.
Children need fathers.

[Casa]

He is very likely to be able to remain in the country as a parent.
Your best course of action is to think of the best interests of your child rather than focusing on how to get him deported which is now highly unlikely.
Children need fathers.

With respect, if you read the contents of the OP's last post you will see that she is thinking in the best interests of the child.

The father is unlikely to succeed in his application to remain as it appears he hadn't attempted to have any contact with his daughter before his visa expired and I assume he is not contributing financially towards her upbringing.

[coffeegirl]

You are right. He still hasn't paid any child support nor spoken to me regarding seeing the child. Luckily I know have his address so will be applying to child maintenance agency.

[New on forum]

He is very likely to be able to remain in the country as a parent.
Your best course of action is to think of the best interests of your child rather than focusing on how to get him deported which is now highly unlikely.
Children need fathers.

With respect, if you read the contents of the OP's last post you will see that she is thinking in the best interests of the child.

The father is unlikely to succeed in his application to remain as it appears he hadn't attempted to have any contact with his daughter before his visa expired and I assume he is not contributing financially towards her upbringing.

Thanks case for pointing I probably posted before
Topics emerged so never read the post.
All depends whether court grants him access or not but I think if he succeeds in getting contact order then situation maybe different.
As a family with child involved I think there is no last word

[coffeegirl]

I know his mentality - even if courts grant him access, he will think yes that's it, I have my ticket to the UK and would probably not even keep to the contact arrangements.

[New on forum]

I know his mentality - even if courts grant him access, he will think yes that's it, I have my ticket to the UK and would probably not even keep to the contact arrangements.

I think you should leave it for court and then home office to decide.
It's not an easy route it takes ten years to qualify for earliest around 6 to gain settlement.
If he gets the visa and doesn't maintain contact then he will be still made to leave the uk.

[coffeegirl]

I had an arranged 'love' marriage abroad to my cousin.

I didn't realise that he was only marrying me for the visa. I worked tonnes of jobs and broke myself to fulfill all visa conditions for spouse visa. Sponsored him over and things went wrong straight away but because I was too blind in love, giving it too many chances, trying to save my marriage (call it whatever you want) - I didn't do anything about it. I was also pregnant and suffered complications throughout and my mental and physical health wasn't great.

Fast forward the abuse, physical and mental and lots of emotional abuse - I had my baby. Didn't realise at the time but Husband had already made plans to leave me when baby was born as he didn't need me to secure his spouse visa further as he now had a British baby.

He left when baby was 2 months, overnight with no forwarding address left. He changed his phone numbers and disappeared.

He has never been in touch since then however I knew that in order to get VISA, he would need to apply to family courts so was expecting some documents to come through.

The Home Office actually decided to CANCEL his visa 1 year into it. This was done in July and Husband then applied to Family Court in August. I received papers in September. He was then about to be deported but got DL (I assume) due to contact proceedings.

He has never seen the child since 2 months, he has not paid a penny of maintenance yet he claims in Court that he did not know his visa was cancelled in July and that he tried to reconcile with me yet this was not the case.

If he was to be granted a contact order, what are his chances of getting the visa?
Am I likely to be successful in getting him deported?

Apologies for the long post.