joining family in the uk

[lscarr01]

hi
i have a few questions regarding visa application, i want to make sure that i know under which visa i need to apply.

1.i live in israel and my girlfriend is a British citizen she is pregnant and her due date is 24.9.14,
we have known each other just over a year.
i would like some clarification about which visa it is i should apply for since our new born child is a British citizen.

2. can i apply from within the uk, if i came on a tourist visa and want to do the process in the uk?

3. who can qualify as my sponsor, can it be anyone else besides my girlfriend?

[MPH80]

1. Bluntly - there isn't a valid visa for you.

Having a child, by itself, doesn't grant you a right to be in the UK. Since the mother is still together with you - that disqualifies you from the 'entry clearance as a parent' right (the requirements there are to have a child who is a british citizen, NOT be together with the other parent, but to have legal proof of access to the child - a court order or such).

Having a girlfriend, by itself, doesn't grant you a right to be in the UK. You have to apply under the 'unmarried' partner requirements - which require you to have lived together in a relationship akin to marriage (e.g. cohabited and had common financial arrangements or such) for 2 years

You should marry if you intend to be together. That's the only viable route.

2. No. There are people who do apply in country - but this done outside of the rules and puts them on a 10 year path to settlement. You need to apply, before arrival, for a spouse visa. That'll put you on a 5 year path.

3. Only your partner can sponsor you. She will have to show financial income over 18,600 pounds per year (pre tax) or savings held by either of you for the last 6 months over 62,500 pounds (or a combination of the two).

[lscarr01]

hi, first of all think you very much for your reply

1. so basically if we weren't together and i wanted to come and look after my child than i would be qualified for "join family living permanently in the UK" visa on that basis? , what kind of sponsor will i need in that case?

2. because we haven't been together for 2 years i guess that rules the unmarried partner visa part, but if you can explain how marriage would be a viable route in that case ? does it change the circumstances regarding the 2 year of living together and etc?

[MPH80]

1. Sort of. You'd have to be a) separated, b) the child would have to be born and c) you'd need a court order proving you're in the child's life. If you then got back together with your partner, your circumstances would have changed and you wouldn't be eligible anymore. Tough if you like this girl.

2. A spouse visa (unlike the unmarried partner visa) puts no requirement on having lived together. You merely need to show an ongoing relationship (e.g. contact).

[Casa]

In point 2 bear in mind that your sponsor (wife) will need minimum earnings of £18,600 per annum, unless you have substantial savings. You'll also need considerable funds for the visa applications.

[lscarr01]

Thanks both, I really appreciate the responses - it's all making sense now!

Just a few more questions; I'm having a look into the court order to prove that I'm in the child's life and I just want to double check that I have the right information here:

"If you’re a father who wants parental responsibility and the mother agrees, fill in a parental responsibility agreement.

Take the agreement to your local county court or family proceedings court, where it can be signed and witnessed.

Also take the child’s birth certificate and proof of your identity, like a passport or driving licence."
Source: https://www.gov.uk/parental-rights-resp ... onsibility

Is the above the correct procedure in order to gain dual parental responsibility, thus proving that I am in the child's life? Would I need to also be on the birth certificate?

Thanks in advance.

[Wanderer]

I don't get what you're trying to do? Are you saying you want to 'feign' being separated rather than use the correct channels?

[lscarr01]

I don't get what you're trying to do? Are you saying you want to 'feign' being separated rather than use the correct channels?

Not at all, I want this to be completely legal and legitimate hence the amount of questions. I have edited my post however as I realised how the questions could come across which wasn't my agenda at all, still the clarification on my first question regarding parental responsibility would be great.

[MPH80]

Being on the birth certificate is important. You would need the court approval for contact and you'd need to show that you intend to be in the child's life (e.g. you've already made regular financial contributions and made efforts to be there).

On that visa you also have to show that you have sufficient financial capability to take care of yourself. So you're going to need savings and/or a job offer. You don't have to hit the higher £18,600 but you do have to ensure adequate maintenance.

If you entered the UK on that route and then subsequently found yourself back together with the mother and applied for a spouse visa - that application might be looked at very hard indeed.

Google 'Appendix FM' and you'll find the entry clearance requirements governing access to a child.