FLR M. Change of Circumstances. Need Advice !

[pal4759]

Really need essential piece of advice from anyone who has been in a similar situation below or knows more on this subject from sheer knowledge.

Situation Brief: Long story short, I am currently on FLR (M) Spouse visa and have a British child (3 Years of age) with my British wife. Things didn’t quite work well after first year of our marriage, which meant I had to move out for the sake of relationship and the upbringing of my child. I have renewal coming up and want to extend my stay. How do I go about that?

More information on this matter:

Resident History: Entered UK in August 2006 (9 years competed in August 2015)
We both worked professionally and met through a common friend of ours. After cohabiting for 2 years, we decided to get married on discovering she was pregnant. It was the best thing that could happen to us and I couldn't think of any other time to pop the question. I was on a paid internship whilst on a student visa and soon got it changed to FLR (M) after getting married in July 2012 ( 5Years route), although the visa didn’t arrive till after waiting for over a period of 8 months and received it in Feb 2013!!!
Raising child for the first year was challenging for both of us. However after his first birthday, my wife went into depression (we tried consulting, no help) and our relationship soon started to fell apart. After growing arguments with each passing day, I was forced out or rather a mutual agreement that we settled on. We were still on normal terms but living separately with rights to have child custody over the weekend under her supervision, mostly unsupervised. I have recently been advised that she is now seeing someone else and not willing to help with my visa extension as it’s nearing its expiration date. What do I do to extend my visa and be with my Son?
Current Facts:
1. Still married but not cohabiting therefore no proof of living together. This is from working in a different city altogether.
2. Both in professional employment and can meet the financial requirement for FLR M.
3. Have child custody for the weekend. The only day we are both off work.
4. Have monthly online bank transfer receipt confirming payments for child maintenance.

Questions:
1. What type of visa do I apply for as an extension to my current visa?
2. I am nearing the time for an ILR, therefore would I then be able to switch to ILR after one year?

Any help on this matter will be greatly appreciated.
Thank You!!!!

[Obie]

You do not qualify for FLR (M) any longer .

You may qualify under the parent route in certain circumstances, but this will require her assistance , which I am not sure she is prepared to offer.

[pal4759]

You do not qualify for FLR (M) any longer .

You may qualify under the parent route in certain circumstances, but this will require her assistance , which I am not sure she is prepared to offer.

Thank you for your prompt response. What assistance do you think I require from her at this stage? Thank you.

[Obie]

Quite a lot actually .

Need an afidavit from her confirming access rights, need the child's passport.

You may required legal guidance on that.

[pal4759]

Quite a lot actually .

Need an afidavit from her confirming access rights, need the child's passport.

You may required legal guidance on that.

Yes I have sought legal advice but I wasn't keen on it as they wouldn't release information unless couple of grands were paid to them. I have studied few case studies that mention exactly what you did. I have a signed letter confirming access rights and child's Birth Certificate. I meet financial requirement and other requirement that I read on FLR ( FP) ? form !

I have an appointment booked with lawyer and see what they can do with this matter!
Well thanks for assisting me this far on this matter. I really appreciate it and would be happy to receive any further help with this matter.

[Obie]

Ok I see. So you have access letter from court?

I have seen a bit of refusal under this category lately.

Do you attend hospital appointments? Does school know you?

I recon couple of grand is well above the rate.

[pal4759]

Ok I see. So you have access letter from court?

I have seen a bit of refusal under this category lately.

Do you attend hospital appointments? Does school know you?

I recon couple of grand is well above the rate.

As per the guidance notes I can do with just a signed letter from spouse confirming the access rights. Yes I attend hospital appointments and He starts his nursery this August. Yeah couple grand is expensive. However, I am seeing a different lawyer next week. Lets see what they have to offer! Thanks Again!

[pal4759]

Obie you weren't wrong when you said 'I have seen a bit of refusal under this category lately'. Well, UKBA has now refused my FLR(FP) application! Although they havn't sent me an official letter, I came to know of this when I asked for my passport to be sent back as it was needing renewed.
What happens now?

I kind of know why this has happened! Its not been able to provide sufficient information on keeping in touch with my Son i.e nursery appointments. Even my wife doesn't take him to nursery due to work commitments!!

Not sure on what next stage of this process would be? PAP? JR? or see a custody lawyer and take family matters to court??

[Obie]

Obie you weren't wrong when you said 'I have seen a bit of refusal under this category lately'. Well, UKBA has now refused my FLR(FP) application! Although they havn't sent me an official letter, I came to know of this when I asked for my passport to be sent back as it was needing renewed.
What happens now?

I kind of know why this has happened! Its not been able to provide sufficient information on keeping in touch with my Son i.e nursery appointments. Even my wife doesn't take him to nursery due to work commitments!!

Not sure on what next stage of this process would be? PAP? JR? or see a custody lawyer and take family matters to court??

Have you received notice of decision. I believe there will be an appeal right.

Sorry about the refusal.

[physicskate]

Obie you weren't wrong when you said 'I have seen a bit of refusal under this category lately'. Well, UKBA has now refused my FLR(FP) application! Although they havn't sent me an official letter, I came to know of this when I asked for my passport to be sent back as it was needing renewed.
What happens now?

I kind of know why this has happened! Its not been able to provide sufficient information on keeping in touch with my Son i.e nursery appointments. Even my wife doesn't take him to nursery due to work commitments!!

Not sure on what next stage of this process would be? PAP? JR? or see a custody lawyer and take family matters to court??

If you requested the passport back, the application would be refused!! You should have renewed after they reached their decision...

[vinny]

They may treat the application as being withdrawn.

[pal4759]

Hi Guys,

So I have now appealed to First- Tier tribunal and sent copy of documents to both parties. I am still not an emergency contact on my son's nursery. Only my son's grand-mother and grand-father as the nursery is practically next doors to them and they drop and pick him up. I work in London and son lives up north so not possible to carry out the nursery duties -- hence the reason for refusal.

I have also now completed 10 years lawful residence in UK as of August 2016. Therefore I am planning on sending P60s from the last 10 years and other docs required to gain an approval on the basis of private life (10 year route). What are your thoughts on this ?

I have a hearing date set for 10th Jan 2016. I have not yet hired a lawyer.

Please provide me with me any assistance you can as you always do! I look forward to hearing from you.

Regards,
Pal 4759

[Casa]

Considering the North/South distance between you, how are you able to visit regularly and share in his upbringing...with the evidence to support this?

[pal4759]

I take train or bus up every 2nd week. I keep an eye on discounted train tickets. I work from home on a Friday therefore travel down on Thursday evening after work. I am used to the commute now especially train commute. I obviously have supplied them with pictures, train tickets, child maintenance and hotel bookings. Either way I have also begun to collect documents from 10 years ago, as I want this appeal to lean more on private route (10 Years)! It will be hard to challenge UKBA's decision and I suspect the videos or photos will melt judge's heart. Being very much aware of this diplomatic world we live in , I will have to fight this the documents, bills and P60s way!

10 year route?

Kind of puzzled as to what else can be provided to show 10 years long residence. I have been working ever since stepping here in UK therefore have asked HMRC for p60s, but that will take about 40 days to arrive, as confirmed in an email to me this morning. Not kept any bills from 10 years ago!

Thanks for your support guys!

[noajthan]

There's no UKBA anymore.

Videos, DVDs or similar not accepted.

[pal4759]

Can you explain little bit more than that?
No ukba? No videos?

[Casa]

The UKBA was disbanded in March 2013 due to being unfit for purpose and superseded by the UKVI.

Videos or other digital media won't be accepted.