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Discretionary leave to remain father of a British citizen advice needed

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kirstysarti123
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Discretionary leave to remain father of a British citizen advice needed

Post by kirstysarti123 » Sun Jan 03, 2021 7:18 pm

Thank you for taking the time to read this.
I am British currently a stay at home parent .
My partner is morrocan and a 5 year overstayer overstaying a visit visa before I knew him .
We have been together and living together for 2 and half years and have a 19 month old baby
We need some advice regarding discretionary leave to remain right to a family life with British baby .
Also any recommendations for a really good London based solicitor with experience in these matters .
Thank you for any help

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CR001
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Re: Discretionary leave to remain father of a British citizen advice needed

Post by CR001 » Sun Jan 03, 2021 7:36 pm

We need some advice regarding discretionary leave to remain right to a family life with British baby .
FLR FP form. These take ages and no guarantee of success. There is no longer a discretionary leave to remain form.
Also any recommendations for a really good London based solicitor with experience in these matters .
Members are not permitted to post names and details of solicitors on the forum.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

kirstysarti123
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Posts: 14
Joined: Sun Jul 07, 2013 6:36 pm
Location: London
United Kingdom

Re: Discretionary leave to remain father of a British citizen advice needed

Post by kirstysarti123 » Sun Jan 03, 2021 8:08 pm

Thank you for you're reply
I paid for a consultation twice now for advice and both of them seemed to think under article 8 we had a good chance of success as long as we would prove 2 year genuine relationship .

It's all a minefield and everyone comes up with different thoughts .
For my babies sake I want to sort this out asap I have the money to pay home office and the NHS charge I just don't know where to start

TODMATT
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Re: Discretionary leave to remain father of a British citizen advice needed

Post by TODMATT » Sun Jan 03, 2021 8:17 pm

kirstysarti123 wrote:
Sun Jan 03, 2021 8:08 pm
Thank you for you're reply
I paid for a consultation twice now for advice and both of them seemed to think under article 8 we had a good chance of success as long as we would prove 2 year genuine relationship .

It's all a minefield and everyone comes up with different thoughts .
For my babies sake I want to sort this out asap I have the money to pay home office and the NHS charge I just don't know where to start
Fill the application https://www.gov.uk/government/publicati ... form-flrfp

It would generate all evidence needed in support of your application based on what you fill on the application form. Use the forum to see previous members who have successfully did the application themselves without anyone's help. Your application will be dealt with under exceptional circumstances see appendix FM

"EX.1. This paragraph applies if

(a)
(i) the applicant has a genuine and subsisting parental relationship with a child who-
(aa) is under the age of 18 years, or was under the age of 18 years when the applicant was first granted leave on the basis that this paragraph applied;
(bb) is in the UK;
(cc) is a British Citizen or has lived in the UK continuously for at least the 7 years immediately preceding the date of application ;and
(ii) taking into account their best interests as a primary consideration, it would not be reasonable to expect the child to leave the UK; or
(b) the applicant has a genuine and subsisting relationship with a partner who is in the UK and is a British Citizen, settled in the UK, or in the UK with refugee leave, or humanitarian protection, in the UK with limited leave under Appendix EU in accordance with paragraph GEN.1.3.(d), or in the UK with limited leave as a worker or business person under Appendix ECAA Extension of Stay in accordance with paragraph GEN.1.3.(e), and there are insurmountable obstacles to family life with that partner continuing outside the UK.
EX.2. For the purposes of paragraph EX.1.(b) “insurmountable obstacles” means the very significant difficulties which would be faced by the applicant or their partner in continuing their family life together outside the UK and which could not be overcome or would entail very serious hardship for the applicant or their partner."

https://www.gov.uk/guidance/immigration ... ly-members

EX2 is very important to your application.
My opinions should not be constituted as an immigration or legal advice.

kirstysarti123
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Posts: 14
Joined: Sun Jul 07, 2013 6:36 pm
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Re: Discretionary leave to remain father of a British citizen advice needed

Post by kirstysarti123 » Sun Jan 03, 2021 8:22 pm

Thank you so much .
Is there a financial requirement for this type of situation as I currently don't work and receive universal credit

TODMATT
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Re: Discretionary leave to remain father of a British citizen advice needed

Post by TODMATT » Sun Jan 03, 2021 8:32 pm

kirstysarti123 wrote:
Sun Jan 03, 2021 8:22 pm
Thank you so much .
Is there a financial requirement for this type of situation as I currently don't work and receive universal credit
There's no financial requirement under this route and also read page 48 of the caseworker guidance.

https://assets.publishing.service.gov.u ... 2.0ext.pdf

Goodluck
My opinions should not be constituted as an immigration or legal advice.

kirstysarti123
Newly Registered
Posts: 14
Joined: Sun Jul 07, 2013 6:36 pm
Location: London
United Kingdom

Re: Discretionary leave to remain father of a British citizen advice needed

Post by kirstysarti123 » Sun Jan 03, 2021 8:32 pm

Thank you I really do appreciate you're time and help

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