chances of success .. flr o application.

[ola111]

Hi

i have a question regarding my current situation.

i made an flro application in may 2016,let me explain my story, i came to uk in 2010 on a student visa and during my studies i met my British ex-wife which we started a relationship and after we got married in 2012 and later on i applied for spouse visa in October 2013 which i was granted 2 an half years further leave to remain on the 5yrs spouse visa route but unfortunately our relationship came to an end and we divorced 2014, but my visa was still valid to 2016.

i late on met a lady which we had an affair on one occasion and after few weeks she contacted me that she was pregnant but when i met her i never knew she was married to eu national but has we speak she later on gave birth to my child in the uk early this year.

my leave was due to expire in February this year but i made an application based on my son to grant leave to remain outside the immigration rule on flro form, which was submitted before my leave expired.

but because my son is not British or have settled in the uk for 7yrs i believe it might be difficult thats why i applied out side immigration rule on compassionate/exceptional grounds .

after few ups and downs the mother of my child and her husband have resolved their difference and has accepted my son as part of their family which am very happy to hear that everything between both of them is fine after few months her husband applied for eea resident card for my son currently as we speak they have just had hes bio-metric done last month. the mother of my child and her husband also provided me with a support letter that i have been seeing my son weekly and contributing to he's up-bring.

my question is that would i have any chance of the HO granting me leave to remain to take care of my child in the uk

[manci]

Not a straightforward situation but not having reported your 2014 divorce to the Home Office may have consequences:

https://www.gov.uk/visas-when-you-separ ... ome-office

https://www.citizensadvice.org.uk/law-a ... a-divorce/

[Casa]

Also under British law as the child's mother was married to someone else at the time of their birth, you are not considered to be the father. I'm also assuming that your name wasn't added to the child's birth certificate within 1 year of the birth?
Your legal right to remain here was terminated once the relationship with your wife (as your sponsor) broke down.

[ola111]

Thank you for swift responses am really grateful.

my name was on the birth certificate after few months of my child's birth i also have a copy of my child birth certificate as well, at the time of the divorce i was in uni studying for my masters degree i recently graduated in 2015

[Casa]

Thank you for swift responses am really grateful.

my name was on the birth certificate after few months of my child's birth i also have a copy of my child birth certificate as well, at the time of the divorce i was in uni studying for my masters degree i recently graduated in 2015

The fact that your were studying is irrelevant if you were no longer on a Tier 4 student visa. Your spouse visa became void when your relationship with your wife was no longer subsisting.
Despite your name being on your child's birth certificate, as the mother was married to someone else, they are considered to have legal paternity under British law.

[ola111]

Thank you for your reply,

My submitted a copy of the decree absolute with my application explaining to HO that am divorced and because honestly I didn't know because at the time I was stressed and unhappy but what can I do l, it has happen I just have to move on with my life now it's sad for me thou, but based on my son my lawyer said I have parental responsibility because am the biological father of my son and the birth certificate prove that and I have rights as well,please all I ask is do I have any hope.

[CR001]

HO might ask for DNA proof that you are the biological father especially as the child was born when mother was married to someone else and whose is the 'sponsor' for the child EEA Residence Card under the EU rules.

Anyone can put a name on a birth certificate.

[ola111]

thank you for your reply,

the husband applied because he's the eu national and the sponsors of the mother of my child as they are both married and you said something concerning DNA i would gladly have a DNA done because i know hes my son.

please from everything have said so far do you think i have a chance at all pls?

[Casa]

Your solicitor appears to have given you flawed advice. FLR(O) is the wrong category for an application as a parent and will be invalid. You are currently an overstayer as you ceased to be sponsored by your wife when your relationship ended. 'Anchor baby' applications are now frequently refused, even when the parents are in a relationship and living together, which makes your case even weaker.
What nationality does the child hold?

[ola111]

thank for your response,

i have just received a letter from HO, It say has you have requested leave to remain outside the immigration rules which are complex in nature. as such, it falls outside our normal service standard for deciding leave to remain application. Please be assured that we will make a decision on your case as quickly as possible.

please is this a good new or should i be worried?

[Casa]

It means that you can expect a lengthy wait for your application to be considered due to it being a complex case. It's neither positive or negative.