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Visa as a parent after cancellation of my spouse visa

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yarab
Member
Posts: 110
Joined: Sun Nov 26, 2017 9:10 pm
Cyprus

Visa as a parent after cancellation of my spouse visa

Post by yarab » Fri Dec 28, 2018 12:26 pm

Hi Guys,
I wonder if anyone will be able to help pleaseeee,

My spouse visa was cancelled on December 2017 with removal direction,
I have a british child in the UK who lives with his British mum so i made flr fp on the basis of my son but the application was invalid as they said my spouse visa was cancelled when i entered the country that's why my flr fp is invalid ( but don't worry about that) because they still looking at my claim,
All my paperwork was with the border force in heathrow and then they transferred it to immigration enforcment around march 2018,

My situation with my child as follow,

I made an application for child arrangement order at the family court to have access to my son and i had a hearing on 8 January 2018 and the court ordered for me to see my son supervised in contact centre once every 2 weeks,
And we had lots of other hearing but the contact didnt change yet as me and the mother couldn't agree about more contact,
She wants me to see him only supervised and i want to see him at least 2 or 3 days a week unsupervised and have him over night aswell,
And i sent the child arrangement order to Home office where my case is but they couldn't take a decision yet because it wasn't a final hearing from the family court,

My family case still going and i have final hearing mid January,

My solicitor send a submission asking for leave to remain in june showing that i have parenal responsibility and playing a big role in my son life by supporting him emtionally , physiologically and financially but home office didnt answer,

October 2018 cafcass wrote a letter for me to give to the home office stating that if i was removed from uk that will effect on my child wellbeing and he will grow up not knowing his dad which is nor in his besy interest,
My solicitor again sent it to home office with another small submission asking for leave to remain for the best interest if my child but i have no answer,

Note: before the border force transfer my case to immigration enforcement they used to give me temporary admission which i have to go to report,
I never went to report because 1 day before i go to report i just email or call them and they extend it,
Once my case transferred to immigration enforcement theu never wanted me to report,,


My question is ,
In worse case if the FAMILY judge orderd for me to see my child only supervised contact or supported contact once every 2 weeks ( 1 hour ) ,
Which the same i am having now for the last whole year,
How will that impact on my position in terms of granted me leave to remain???

Will supervised contact every 2 weeks will give me a bad chance of getting my visa???

Note: ( i spoke once to my case worker over the phone and she sound like she wants to wait untill final hearing and advised me to try and to increase the contact at least if i even have my child 1 weekend every month but to spend the whole weekend with me,)
But this is not on my hands and i have nothibf to do ,

(( is that actually ok if i call home office and speak to my caseworker if i know their number or better not ???????))

If any one have any experience about supervised contact or supported contact ans how the home office look at it please advise me,

And also is there a minimum hours or days that the home office will require me to see my son for them to grant me a visa ,

Will appreciate your help,

Many thanks in advance ,

Garry20g
Member
Posts: 172
Joined: Wed Oct 10, 2018 1:17 pm
England

Re: Visa as a parent after cancellation of my spouse visa

Post by Garry20g » Fri Dec 28, 2018 8:43 pm

If you allowed to see your kid than HO should grant you a visa. I think it does not a matter once a week or twice a week .

yarab
Member
Posts: 110
Joined: Sun Nov 26, 2017 9:10 pm
Cyprus

Re: Visa as a parent after cancellation of my spouse visa

Post by yarab » Fri Dec 28, 2018 11:02 pm

Garry20g wrote:
Fri Dec 28, 2018 8:43 pm
If you allowed to see your kid than HO should grant you a visa. I think it does not a matter once a week or twice a week .
Hi Gary ,
Thanks you alot for your responde ,

I am allowed to see my child but its just once every 2 weeks and its only 1 hour which makes me feel its not enough for home office to grant me a visa

Final hearing next month for the family judge to increase contact or keep it as its .

Home office and my case worker know that i see my son supervised once every 2 weeks but they still dont want to give me a decision untill final hearing,

And seeing my child supervised for just 1 hour every 2 weeks makes me so worried that they will refuse my leave,

I hope any one who got same experience to share it with me,

Thanks alot Gary

Garry20g
Member
Posts: 172
Joined: Wed Oct 10, 2018 1:17 pm
England

Re: Visa as a parent after cancellation of my spouse visa

Post by Garry20g » Fri Dec 28, 2018 11:16 pm

Hi. I don't think HO refuse your visa because you have contact only 1 hour. Don't worry about this but if possible try to get contact without supervise than your case will be more strong. Anyway can you explain bit more why you have supervise contact. You should have without supervise.

yarab
Member
Posts: 110
Joined: Sun Nov 26, 2017 9:10 pm
Cyprus

Re: Visa as a parent after cancellation of my spouse visa

Post by yarab » Thu Jan 03, 2019 10:59 am

Hi Gary ,
Thank you for your responde,

I see my child supervised because his Mum think i will abudct him and go to my country if i see him unsupervised which i am trying to say to the court i will not do that,
And to be honest i don't know how to prove that i will not take him away from UK, and i don't how that will affect on HO granted me a visa or not,
Really stressed you can't imagine,

I have a hearing on family court mid January and hopefully the judge will give me unsupervised contact,

Thank you so much for your help Gary and i really wish if someone who had experience about that to give me some support ,

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