On Spouse Visa- Marriage, marriage breaking down.

[Shep]

Hi everyone. I have been married to my wife- British Citizen since Nov 2007, and have been living together from June 2007. I was granted the marriage Visa in Oct 2008, hence due to apply for ILR from 15 Oct 2010.

We have a child of three, that I'm very close to and love to bits. My marriage has been on the rocks for months now, and I have finally decided that I just cannot live with my wife anymore- constant fighting etc. She insists that I still apply for ILR through Marriage even though I moved out 06/08/2010 (separated, not sure if we'll get back together). I do not want to lie to the Home office, but now concerned that I will be separated from my child. I have a great job as an accountant, happy to help my wife with bills & just make sure they are both ok and continue my wonderful relationship with my child.

Is there a way I can apply to stay here for my child? If there are immigration lawyers that have dealt with this type of issue, I would be happy to seek their advice, and help with the application. Please help!!!

[vinny]

See also Can I enter U.K. as my daughter is British Citizen?

You may switch status under 248B.

[alikhan28]

She insists that I still apply for ILR through Marriage even though I moved out 06/08/2010 (separated, not sure if we'll get back together). I do not want to lie to the Home office, but now concerned that I will be separated from my child.

No way.You would be simple refused and remembered she has to sign yours ILR form and doubt she would.This is also called deception leading to very serious consequence.

I have a great job as an accountant, happy to help my wife with bills & just make sure they are both ok and continue my wonderful relationship with my child.

Is there a way I can apply to stay here for my child? If there are immigration lawyers that have dealt with this type of issue, I would be happy to seek their advice, and help with the application. Please help!!!

Yes indeed there is called Person exercise access rights to his son.

But key point is you need Contact Order from UK family Court.

After that you can easily apply for access to child visa.

Read Immigration rules 246-248.Here is link

http://www.ukba.homeoffice.gov.uk/polic ... les/part7/

So first get contact Order and then file for this visa.


Ali

[Kitty]

Sorry to hear about your situation Shep.

For switching in-country to exercise a right of access to your child, you can also submit a statement from the mother, instead of a Court order:

(iii) the applicant produces evidence that he has access rights to the child in the form of:

(a) a Residence Order or a Contact Order granted by a Court in the United Kingdom; or

(b) a certificate issued by a district judge confirming the applicant's intention to maintain contact with the child; or

(c) a statement from the child's other parent (or, if contact is supervised, from the supervisor) that the applicant is maintaining contact with the child;

If your ex is willing to provide such a statement, I suggest you take some legal advice about its contents. IMO it should include details of when and how you intend to maintain contact etc.

Make sure you apply within the current validity of your visa. That way, even if you are refused for whatever reason, your continued stay in the UK should be legal until you get things sorted out.

If you search the forums under "right of access to a child" or "248A" or "246" I know there are a couple of relevant threads.

Best of luck.

[Shep]

Thanks to all of you for your great advice. After my wife threatened that she will make it difficult for me to see my daughter and all, she is now apologising etc. I have contacted a lawyer who has said that she does not need to be involved at all with my application as we have been married froralmost three years, and I being in the country since 2002, and adding the fact that we I have a three year old girl.

I have taken heed of your advice, and all the information that you have given is great. It is a shame... since I miss home, and never planned on living here permanently, but I am a responsible man, as such I will do everything it takes to be here and take care of my child. Most importantly I want to be free from constant harrassment, and threats of Visa problems from someone I thought I could trust, build a family and age with.

Thanks Very Much.

[Wanderer]

II have contacted a lawyer who has said that she does not need to be involved at all with my application as we have been married froralmost three years, and I being in the country since 2002, and adding the fact that we I have a three year old girl.

You still need to apply for the access to child visa tho,.

[Kitty]

I have contacted a lawyer who has said that she does not need to be involved at all with my application as we have been married froralmost three years, and I being in the country since 2002, and adding the fact that we I have a three year old girl.

I'm a bit confused by the lawyer's advice. It seems to me that your wife will need to be involved at some level, whether in responding to an application for a contact order, or supplying a statement about contact with your daughter. If you want to apply for leave to remain for access to a child, you will need one or the other.

What is your own nationality and what was your immigration history in the UK before you got a visa/leave to remain as a spouse? From what the lawyer is saying it sounds is though you might actually be here under European rules. Do you have a spouse visa or an EEA Residence Card?

[Shep]

I am a Zimbabwean and on a Spouse Visa. I came in 2002 as a student, and in 2006 November, applied for a living with a partner visa which was denied due to that we had been living together for 1 year 11 months- so we were shy of 2 years by a month. We applied for COA, granted in Septmber 2007, and we got married on 30 November 2007.

Not meaning to sound ignorant, but with acces rights my child... I have looked after her from birth, especailly due to the Visa waiting period, I spent almost 2 years at home with her, now I have to ask for access rights to her- I am lost!!

Anyway, I will talk to this Lawyer again and understand what he really means.

Thanks for your responses everyone.

[Kitty]

I think that's a good idea Shep. These are difficult circumstances for you because you may need a lawyer who knows about family law AND immigration law. Or 2 lawyers: double trouble

Anyway, you're certainly not in the position of asking UKBA for "access rights" to your child. Basically, if you and your wife are going to be living separately, you will at some point need to sort out how you will both maintain contact with your child. You can sort this out between yourselves, or involve lawyers and the courts. Either way you will end up with some kind of written arrangement that can be presented to the UK Border Agency and which will show you have continued contact with your child. As a person who was previously granted leave to remain as a spouse, you would then qualify to stay to be with your child.

Hopefully your lawyer can explain and put you at ease.

[Shep]

Kitty, you have been extremely helpful. I cant sleep worrying about my child, my boss can see I am stressed and has given 2 days of work. I thought I'd have time to relax, but was I wrong or was I wrong. I took my baby clothes shopping yesterady, and I miss seeing her daily, and putting her to bed daily like I have been for over three years. Only been out of our home since last Friday. It's really tough for me... how about my baby girl.
I have spoken to a different lawyer after I read your previous mess, and he's basically said that staying so I can continue parenting is the only way. I don't need to go to court if my Wife signs an agreement that I am in contact with my child and we have arrangements as to when I spend time with her- what you said exactly.
Now, while sorting out the Visa issues, I am trying to find a 2 bed so I can have my baby staying the days I'm with her. Now I sleep on the floor at uncle's place, and cannot have her overnight, it heartbreaking.

Your help has been Invaluable Kitty, can't thank you enough...keep it up

[Kitty]

Glad to help - must be so difficult to have to concern yourself with visa status when there are proper things like your kid to worry about!

Best of luck and hope you get things sorted soon.

[Obie]

Please Read Section 1 and Annex A & B of this link. .

It is best you do not get her to do any favours, like signing ILR paper, just in case she intend on using that against you in the future.

UKBA are more likely to prosecute foreigner than British National, in any event, especially if she were to go on and say she was under duress to do things.

The best policy is to get an agreement drafted on how you can maintain contact with your child, in the presence of a lawyer, and supply that to UKBA.

Please bear in mind that family solicitors are pretty expensive, therefore if you could resolve this issue, with as minimal use of them as possible, then you can utilise this money in other areas.

Best wishes for the future.

[alikhan28]

Please Read Section 1 and Annex A & B of this link. .

It is best you do not get her to do any favours, like signing ILR paper, just in case she intend on using that against you in the future.

UKBA are more likely to prosecute foreigner than British National, in any event, especially if she were to go on and say she was under duress to do things.

The best policy is to get an agreement drafted on how you can maintain contact with your child, in the presence of a lawyer, and supply that to UKBA.

Please bear in mind that family solicitors are pretty expensive, therefore if you could resolve this issue, with as minimal use of them as possible, then you can utilise this money in other areas.

Best wishes for the future.

Kitty and Obie are advising right things..

Indeed family solicitors are expensive but you can apply at yours own for

contact order.You have to fill C100(C1 I would double check for exact form) and with application fee submit to local court where child lives.You

would send you a letter for a hearing.Family hearings are not difficult if you have some confident.You can represent yourself.

Remember you have to do all this long before expiry of your spouse visa.

If she refuse to give you affiliate(sworn statement) then be read for contact order.

God help those who help themselves.

Ali

[vinny]

Kitty, you have been extremely helpful. I cant sleep worrying about my child, my boss can see I am stressed and has given 2 days of work. I thought I'd have time to relax, but was I wrong or was I wrong.

Smile; relax; be patient.

Asleep in 60 seconds.

Free scripts.

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