pls help ILR for person exercising right to access to child

kumar45 · Post by **kumar45** » Thu Feb 23, 2012 9:45 am

Please some one help me

I was on spouse visa (2008-2010). marriage break down at same time when i was going to apply ILR as spouse of a person present and settled in uk.
we have one child.

I went to court and got contact order,

I become overstayer for 2 months, when my immigration solicitor applied on my behalf "as a parent exercising rights of access to child resident in the United Kingdom, outside immigration rules"

I was grant limited leave to remain for 1 year.

now my leave is going to expire , pls help

1) do i still need to apply outside the immigration rules or

2) I can apply under immigration rules 248D for Indefinite leave to remain in the United Kingdom as a person exercising rights of access to a child resident in the United Kingdom.

or
3) what leave I can apply

Post by **Lucapooka** » Thu Feb 23, 2012 9:55 am

What is the actual wording of the endorsement on your current residence permit? Given the period in question (12 months) I think that you may have been granted leave within the rules rather than DL outside the rules.

kumar45 · Post by **kumar45** » Thu Feb 23, 2012 9:57 am

Lucapooka wrote:What is the actual wording of the endorsement on your current residence permit? Given the period in question (12 months) I think that you may have been granted leave within the rules rather than DL outside the rules.

there is written " Limited Leave To Remain"

vaild exactly 12 months..

Post by **Lucapooka** » Thu Feb 23, 2012 10:12 am

In the absence of any other information (and unless your solicitor knows otherwise) it looks like they accepted your out of time in-country application and granted you leave within the rules rather than a period of DL outside the rules. On that basis I would suggest you go for option 2.

2) I can apply under immigration rules 248D for Indefinite leave to remain in the United Kingdom as a person exercising rights of access to a child resident in the United Kingdom.

kumar45 · Post by **kumar45** » Thu Feb 23, 2012 10:24 am

Lucapooka wrote:In the absence of any other information (and unless your solicitor knows otherwise) it looks like they accepted your out of time in-country application and granted you leave within the rules rather than a period of DL outside the rules. On that basis I would suggest you go for option 2.

2) I can apply under immigration rules 248D for Indefinite leave to remain in the United Kingdom as a person exercising rights of access to a child resident in the United Kingdom.

my solicitor said to me when i was granted this leave that I can apply for long term of visa and he said make sure u have regular contact with your daughter ...

so you mean no need to mentioned ILR ...............outside immigration rules .?

"
can i write a wording in letter in last to "secretary of state to exercise her discretion" and grant me ILR under immigration rules 248D

Post by **Lucapooka** » Thu Feb 23, 2012 10:31 am

If you are still confused or unsure (and it seems to me that you are) then I strongly suggest you return to your original solicitor and have him handle your application. He already knows everything about your case whereas the anonymous contributors to this forum can comment only on the limited information you have given.

kumar45 · Post by **kumar45** » Thu Feb 23, 2012 10:38 am

Lucapooka wrote:If you are still confused or unsure (and it seems to me that you are) then I strongly suggest you return to your original solicitor and have him handle your application. He already knows everything about your case whereas the anonymous contributors to this forum can comment only on the limited information you have given.

one thing more i want to tell you that my solicitor applied further leave to remain,outside immigration rules before my spouse visa expire and ukba refuse it they ask to show the proof of contact with child or contact order. and they consider my application under human right act.

then second time my solicitor applied a fresh application on access to child base ,outside immigration rule and successfully..

Post by **Lucapooka** » Thu Feb 23, 2012 10:42 am

Great, but not very helpful with respect to getting a definitive answer from a forum, so go back to your solicitor and ask him to help you.

kumar45 · Post by **kumar45** » Thu Feb 23, 2012 10:47 am

Lucapooka wrote:Great, but not very helpful with respect to getting a definitive answer from a forum, so go back to your solicitor and ask him to help you.

but I have applied already under 248D.
may be i did big mistake..
I don't know what will happen?

Post by **Lucapooka** » Thu Feb 23, 2012 10:55 am

That would have been a good thing to indicate at the beginning of the thread!

The worst that can happen is that your application will be refused; the best that can happen is that your ILR will be granted.

kumar45 · Post by **kumar45** » Thu Feb 23, 2012 10:57 am

Lucapooka wrote:That would have been a good thing to indicate at the beginning of the thread!

The worst that can happen is that your application will be refused; the best that can happen is that your ILR will be granted.

but they will not grant DL for 3 years ??

i have attached cafcass report which is totally in my favour ..and also final hearing of contact proceeding is over and totally in my favour...

but still worried bec i dont want DL for 3 years i want ILR

Post by **Lucapooka** » Thu Feb 23, 2012 11:00 am

kumar45 wrote: but they will not grant DL for 3 years ??

No, not if you weren't granted DL originally. It seems to me that you weren't but I am making assumptions based on a few lines of confusing information. I bet your solicitor knows for sure.

kumar45 · Post by **kumar45** » Thu Feb 23, 2012 11:02 am

Lucapooka wrote:
kumar45 wrote: but they will not grant DL for 3 years ??
No, not if you weren't granted DL originally. It seems to me that you weren't but I am making assumptions based on a few lines of confusing information. I bet your solicitor knows for sure.

I'm asking sometime they refuse ILR and grant DL for 3 years because of false representation
what do u think ???

Post by **Lucapooka** » Thu Feb 23, 2012 11:04 am

Well that's something completely different. Where does false representation come into this equation? Why don't you ask all of your questions upfront rather than dripping them out one by one?

Post by **vinny** » Thu Feb 23, 2012 11:10 am

Note that Persons exercising rights of access to a child resident in the United Kingdom
246-248F is within the Immigration rules, not outside.

kumar45 · Post by **kumar45** » Thu Feb 23, 2012 11:13 am

Lucapooka wrote:Well that's something completely different. Where does false representation come into this equation? Why don't you ask all of your questions upfront rather than dripping them out one by one?

I just finish my conversation with my solicitor he said you can apply with 248D ..it means i did great job???

kumar45 · Post by **kumar45** » Thu Feb 23, 2012 11:24 am

kumar45 wrote:
Lucapooka wrote:Well that's something completely different. Where does false representation come into this equation? Why don't you ask all of your questions upfront rather than dripping them out one by one?

he said doesn't matter inside, outside rules in this case...

Post by **vinny** » Fri Feb 24, 2012 3:13 am

It may matter with respect to appeal rights.

kumar45 · Post by **kumar45** » Fri Feb 24, 2012 12:37 pm

vinny wrote:It may matter with respect to appeal rights.

thanks vinny

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pls help ILR for person exercising right to access to child

pls help ILR for person exercising right to access to child

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