indefinate set O

[HALI333]

HI

im wondering if anyone can help me with this.

i came to England from Dubai 9 years ago on a 6 months visiting visa. Whilst i was here i met a girl (british born) and started a relationship. After my six months were over she told me she was pregnant, i decided to stay and after 3 years as overstayer we decided to put application as unmarried couple which we got approved in country, We now have a year old son together.
i got 2 year spouse visa which was due to expire this month, since then how however the relationship has broken down and we are no longer together, so i put in application on my own accord under the Set O application, instead of the Set M with her.
I now have a new partner and we are married in an islamic marriage.
Im wondering what my chances of getting an indefinate are now as me and my first partner are no longer togther. but i do have a new relationship and my son.

[Wanderer]

U should have left when ur first relationship broke down. I personally can't see you getting ILR I'm afraid.

[mochyn]

Youe entitlement to stay in this country was based on your first partner and since you are no longer together your right to stay in this country is now curtailed.
You should now leave the UK

[HALI333]

well, i have made a new application based on t still having a relation with my son,and as i have new wife that have been with me for over a year,

[Wanderer]

You'll need to return to Dubai and apply for fiancee visa, or marry legally and apply for spouse visa.

[Kitty]

When you submitted your SET(O) application, what evidence of contact with your son did you put in with it? Have you got a contact or residence order from a court, or confirmation from the child's mother that you maintain contact?

If you haven't done the KOL test, you're not going to get settlement anyway.

To be honest, I don't know whether your application is likely to be sent back as invalid, or simply refused. I would think it highly unlikely that the UKBA would check it over and say "well, even though he isn't eligible for ILR, he clearly should get 12 months leave to remain as a parent exercising a right of access to a child..."

Basically, you can wait and see if they refuse it, and then decide whether to appeal. I would think that's going to be a long road.

Or you could leave the UK and make an application for a fiancée/spouse visa, OR for a right of access visa. The latter will depend on your having the right evidence of contact with your child (from out of country you MUST have a contact/residence or der or District Judge's certificate). But as ukimmigration says, it's a shorter route to ILR.

ILR rules are likely to change in the next couple of years, so it's an important consideration. But it might be quicker to get re-entry on the basis of your new partner if it's going to be too difficult or long a process to get evidence of your right of access.

[ukimmigration why banned?]

When you submitted your SET(O) application, what evidence of contact with your son did you put in with it? Have you got a contact or residence order from a court, or confirmation from the child's mother that you maintain contact?

If you haven't done the KOL test, you're not going to get settlement anyway.

To be honest, I don't know whether your application is likely to be sent back as invalid, or simply refused. I would think it highly unlikely that the UKBA would check it over and say "well, even though he isn't eligible for ILR, he clearly should get 12 months leave to remain as a parent exercising a right of access to a child..."

Basically, you can wait and see if they refuse it, and then decide whether to appeal. I would think that's going to be a long road.

Or you could leave the UK and make an application for a fiancée/spouse visa, OR for a right of access visa. The latter will depend on your having the right evidence of contact with your child (from out of country you MUST have a contact/residence or der or District Judge's certificate). But as ukimmigration says, it's a shorter route to ILR.

ILR rules are likely to change in the next couple of years, so it's an important consideration. But it might be quicker to get re-entry on the basis of your new partner if it's going to be too difficult or long a process to get evidence of your right of access.

@ kitty Very good advice.

You should first apply in family court for contact order and should start contact immediately.Then you should apply for visa as Person exerciser access rights to his son under paragraph 248 A of immigration RULES.

Yes there is an appeal right for this application.


Best Luck

UK_Banned_Member

[mochyn]

well, i have made a new application based on t still having a relation with my son,and as i have new wife that have been with me for over a year,

You were granted a spousal visa which was due to expire this year and you have a new wife that you have been with for over a year.
So you found someone new just after getting a spousal visa with your unmarried partner
very interesting and an Islamic marriage to boot!