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CharlotteSJ
CharlotteSJ, Immigration Solicitor
Category: UK Immigration Law
Satisfied Customers: 78
Experience:  I have 6 years experience in Immigration law and I am accredited to LSC Level 2 and OISC Level 3.
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I am a British Citizen who has a child born in Britain (now

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I am a British Citizen who has a child born in Britain (now 3 years old) who's father is a Jamaican national who currently resides in Jamaica (he also has 2 other British children).

I want to know if the father of my child can come to live in Britain indefinitely due to the fact all his children are British as they have British mother's and does my child have a right to have his father here under Article 8 of the Human Rights Act?

Are you and your child's father in a relationship? If you are then he can apply to come in on the basis of his relationship to you. Your child would be included as evidence of your continued commitment and your intention to love together permanently.

 

If you are not in a relationship but the father has been granted contact with your child through the courts, he can apply to come to the UK as a person exercising right of access to a child. It is usually necessary to get a court order confirming contact rights in order to be successful. He will need to show that he can afford to maintain and accommodate himself without recourse to public funds by providing he can demonstrate this and he can also provide evidence of a right to contact, he should be successful.

 

You would raise Article 8 as a ground when making your application but if he has a contact order then he is actually making an application under the rules and so it should be quire straight forward.

 

I hope this answers your question in which case please Accept. If you require further information, please ask.

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