Switching from Spousal to Parent Visa

[Geezy]

Hi,

Looking for some advice/ assistance on my current situation.

I'm currently on a spouse visa and have been for about 1.5 years however, I have moved out of my matrimonial home due to domestic abuse (verbal and emotional). I am now 6 months pregnant with my husband's child and moved out as I didn't believe the environment was best for me and the baby. However, we are still married and neither one of us has pursued legal separation or divorce.

My husband has shown little to no interest in the child and has turned up for 2 scan appointments after much coercion from his family. I believe I'd be raising the child on my own from all indication.

I intend to switch to the parent route as soon as the baby is born and when the visa comes through, I will pursue legal separation/ divorce. I cannot go down the domestic abuse route as I don't have any evidence to support the application - I never got the police involved unfortunately as I was afraid.

He has not disputed parternity of the child and I will include his name on the birth certificate and apply for the child's british passport as soon as I'm able to after birth.

- Is the parent route based on my circumstances a viable option?
- Is the fact that my child is a British citizen enough to support my application?
- If not, what other evidence/ documentation can I provide to support my application?

Many thanks.

[CR001]

How long have you been in the UK??

A post you made in 2014 suggests you were on Tier 2 and then attempted to change to Tier 1 Ent.

[seagul]

For your any claim you will have to achieve legal custody of child by court.

[Geezy]

How long have you been in the UK??

A post you made in 2014 suggests you were on Tier 2 and then attempted to change to Tier 1 Ent.

I’ve been in the U.K. since May 2012

I was on a Tier 2 General Visa for 5 years and switched to a spousal visa in June last year as my employer was unwilling to support my application for ILR.

I applied for the Tier 1 Ent but the application was refused so I continued on my Tier 2 General visa.

[Geezy]

For your any claim you will have to achieve legal custody of child by court.

Do I need to do this before I apply for the Parent Route Visa? Planned to pursue that after the visa comes through and we begin divorce proceedings.

[seagul]

For your any claim you will have to achieve legal custody of child by court.

Do I need to do this before I apply for the Parent Route Visa? Planned to pursue that after the visa comes through and we begin divorce proceedings.

For parent of British child route you should have child custody. If you get that then may be eligible for FLR FP/discretionary visa. Read below for more information:

https://www.gov.uk/uk-family-visa/parent

[CR001]

For your any claim you will have to achieve legal custody of child by court.

Do I need to do this before I apply for the Parent Route Visa? Planned to pursue that after the visa comes through and we begin divorce proceedings.

For parent of British child route you should have child custody. If you get that then may be eligible for FLR FP/discretionary visa. Read below for more information:

https://www.gov.uk/uk-family-visa/parent

Where exactly does it state the OP would need a court order proving child custody??

[seagul]

For your any claim you will have to achieve legal custody of child by court.

Do I need to do this before I apply for the Parent Route Visa? Planned to pursue that after the visa comes through and we begin divorce proceedings.

For parent of British child route you should have child custody. If you get that then may be eligible for FLR FP/discretionary visa. Read below for more information:

https://www.gov.uk/uk-family-visa/parent

Where exactly does it state the OP would need a court order proving child custody??

For your any claim you will have to achieve legal custody of child by court.

Do I need to do this before I apply for the Parent Route Visa? Planned to pursue that after the visa comes through and we begin divorce proceedings.

For parent of British child route you should have child custody. If you get that then may be eligible for FLR FP/discretionary visa. Read below for more information:

https://www.gov.uk/uk-family-visa/parent

Where exactly does it state the OP would need a court order proving child custody??

Parental responsibility
You need to have sole or shared parental responsibility for your child.

If you share parental responsibility, the child’s other parent must:

not be your partner
be either a British citizen or settled in the UK
If the child lives with their other parent or carer, you must have access to the child in person, as agreed with the other parent or carer or by a court order.

https://www.gov.uk/uk-family-visa/parent

[CR001]

It still DOES NOT state an official court order is required!!

[Geezy]

It still DOES NOT state an official court order is required!!

Thanks for your response.

I intend to put my application through within a few weeks of the child's birth.
How do I prove that I have custody of the baby? He will be living with me as the father has shown very little interest so far.

Do I need to notify HO of our separation before putting the parent route application through?