10 YEARS ROUTE BUT SEPRATED WITH HUSBAND

[jafferdeen]

Hi

My friend is Pakistani national. Her husband is British national. She has a daughter who is 10 years old. Previously ,she was granted leave to remain on the basis of D-LTRP.1.2 of Appendix FM on a 10 years route. She is living with her in laws .
She recently got separated from her husband .Husband moved out from the property. She is still living at her in laws with her daughter. Child is only getting child benefit .Her LTR extension is sue soon. She is applying for fee waiver as she is not working

Questions:

1- Does she needs to apply for Leave to Remain as Parent category ? will it be right option for her

2- If her application is successful as parent will the clock for 10 years will start again or she will be eligible for ILR after 10 years including previous LTR.

3- She is not calming any benefits but she is getting only child benefit for her daughter which was claimed by her husband but he is not living with her any more .Will it make nay difference to her application ?

4- Does she need to give any evidence for separation ?

5- She wants to claim for public funds in future .How can she request Home Office to consider her application for public funds as well


Please advice

[JB007]

My friend is Pakistani national. Her husband is British national. She has a daughter who is 10 years old.
...
Child is only getting child benefit .Her LTR extension is sue soon. She is applying for fee waiver as she is not working

Questions:
...

3- She is not calming any benefits but she is getting only child benefit for her daughter which was claimed by her husband but he is not living with her any more .Will it make nay difference to her application ?

She nust not have Child Benefit claim in her name as that is a public fund. The Child Benefit must be in the child's father's name.

5- She wants to claim for public funds in future .How can she request Home Office to consider her application for public funds as well

She would have to ask for for the No Recourse to Public Funds to be removed from her visa terms. Any reason why she isn't working? Even if the NRPF is removed and she can claim public funds, unless she is exempt she will still have to work 25 hours a week. It will be 35 hours a week that she needs to work when her daughter is age 13.
https://www.gov.uk/universal-credit/you ... sibilities

https://www.turn2us.org.uk/Benefit-guid ... de-content


Her husband must pay mainantance for their child as both parents are expected to work and keep their children.
https://www.gov.uk/calculate-child-maintenance

https://www.gov.uk/manage-child-maintenance-case

[jafferdeen]

Thank you

any help with Q1,Q2 and Q4 please

[jafferdeen]

any one there to answer my questions please ?

[vinny]

1. Yes, subject to D-LTRPT.
2. If her ten years was continuous and lawful, then she may apply for ILR under Long Residence. Else, her route under the parent route will exclude other categories.
4. Yes.

[jafferdeen]

Thanks a lot Vinny

[Joe13]

Hello All,

I am a recently divorced father of a British child 8 years of age. I have been on the right to family life visa since 2013, and remained on the 10 year route and never converted to the 5 year partner/wife route.

I am now due for the last renewal of the 20 months family life visa and I am wondering what supporting documents is required to prove parental responsibility over my child. I have letter from school, doctors letter proving regular contact, evidence of letter from mediator asking legally binding agreement on child arrangement, I have evidence of school fees, endowment fund contributions, football club/FA, payments for extra curricular activities such as piano, guitar and trumpet and purchase of school uniform among others.

A clause on government website says the child less than 4 years.

Please advise.

Thank you.

[TODMATT]

Hello All,

I am a recently divorced father of a British child 8 years of age. I have been on the right to family life visa since 2013, and remained on the 10 year route and never converted to the 5 year partner/wife route.

I am now due for the last renewal of the 20 months family life visa and I am wondering what supporting documents is required to prove parental responsibility over my child. I have letter from school, doctors letter proving regular contact, evidence of letter from mediator asking legally binding agreement on child arrangement, I have evidence of school fees, endowment fund contributions, football club/FA, payments for extra curricular activities such as piano, guitar and trumpet and purchase of school uniform among others.

A clause on government website says the child less than 4 years. Which link?

Please advise.

Thank you.

If you fill the application form online, it will usually generate the number of documents you need to provide so the above evidence you have are good.

[Joe13]

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

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. They must also either:

be a British or Irish citizen
have settled in the UK - for example, they have indefinite leave to remain, settled status or proof of permanent residence
be from the EU, Switzerland, Norway, Iceland or Liechtenstein and have pre-settled status - they must have started living in the UK before 1 January 2021
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.

What you’ll need to prove
You must be able to prove that you’re taking an active role in your child’s upbringing and you plan to continue after you apply.

Send evidence that:

comes from the government, school, court or a medical professional
shows you’re living with or caring for your child
is less than 4 years old
You can use things like:

[vinny]

See also sole responsibility.

[Joe13]

Thanks a lot.

Most obliged.