Private Life and Access to a Child at the same time?

[naija99]

Is it possible to apply for Private Life and Access to a Child from within the UK?
A father who is currently going through court proceedings for contact of his 7yr old British daughter. He currently has no status. Came on a visit visa in 1999. He applied as unmarried partner of mother which was refused. The relationship broke down and now shes refusing him access even with an interim court order in place for contact at a contact centre.

Whilst all that was going on, it became apparent that the father who was born in 1989 was 10yrs old when he came to UK and is now 24 so would fall under the private life category of being over 18 but under 25 and living here for half his life.

So would it be possible to apply on the same form for both categories?

[Obie]

Apply under the private life route.

The Court proceedings will only become relevant if they seek to remove him.

[Joejo]

"Obie"

Apply under the private life route.

The Court proceedings will only become relevant if they seek to remove him.

Hi Obie

Applying under private life sounds good, what about the HC353B. Does that not affect the application if you overstayed. post above says that he came in as visitor so i assume that he probably overstayed at some point. I dont no but just read through

[naija99]

Thanks Obie
Presumably he should still mention the proceedings on the form right?
Why are the proceedings not relevant at this stage? Is it because he doesn't have entry clearance? Is that a must for access to child application?

@Joejo, yes he overstayed his visitor visa back in 1999.

[Obie]

Applying under private life sounds good, what about the HC353B. Does that not affect the application if you overstayed. post above says that he came in as visitor so i assume that he probably overstayed at some point. I dont no but just read through

I don't think an application under 276ADE necessarily require a valid leave to remain. That does not fall under the Suitability Requirement S-LTR 1.2, 2.3 or 3.1