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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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Hi, please I need advice on what application form I need on

Customer Question

Hi, please I need advice on what application form I need on the side of my immigration status, since I came in uk dec 2007 on working holiday visa, then transformed to spouse visa in july 2009 which is expiring in 4 months time and due to the separation I can't proceed on settlement base on spouse but due to my son I really want a settlement or indefinite leave to support my son. Please advice how I should go about it. I have contact with my son which she has stopped me using the non-molestation order and interim residential order, but I am applying for the contact order, and the divorce petition is still in the early stages. what are my options Thank you
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  CharlotteSJ replied 3 years ago.

If there are contact proceedings going through then you can apply to stay in the UK on that basis. The form you will need is the FLR(O) as this is the 'catch-all' form for anything not covered by other categories. You will need to pay the fee which is currently £500 but going up to £550 on 6 April.

 

You will need to outline your circumstances and include what evidence you have in terms of court orders granting contact. You can then make an application for discretionary leave on the basis of the contact order. You will need to show that you can afford to maintain and accommodate yourself in the UK without recourse to public funds.

Customer: replied 3 years ago.
Hi, can I apply now or wait 28 days of spouse visa expiration date, and what about applying for indefinite leave using SET(o).please advice thank you
Expert:  CharlotteSJ replied 3 years ago.

If you are here on a spouse visa and that relationship has broken down then you are no longer satisfying the criteria of that visa and your extension application is not dependant on the spouse visa or the terms of it so you can apply now, you do not need to wait until 28 days before that expires. You are changing category, not moving up through the same category.

 

In terms of the indefinite leave to remain, your relationship has broken down so you cannot apply on this basis and there is no automatic route to ILR from when exercising rights of access to a child. You have to first satisfy the requirements of immigration rule 248A:

 

248A. The requirements to be met by a person seeking leave to remain in the United Kingdom to exercise access rights to a child resident in the United Kingdom are that:

(i) the applicant is the parent of a child who is resident in the United Kingdom; and

(ii) the parent or carer with whom the child permanently resides is resident in the United Kingdom; and

(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; and

(iv) the applicant takes and intends to continue to take an active role in the child's upbringing; and

(v) the child visits or stays with the applicant on a frequent and regular basis and the applicant intends this to continue; and

(vi) the child is under the age of 18; and

(vii) the applicant has limited leave to remain in the United Kingdom as the spouse, civil partner, unmarried partner or same-sex partner of a person present and settled in the United Kingdom who is the other parent of the child; and

(viii) the applicant has not remained in breach of the immigration laws; and

(ix) there will be adequate accommodation for the applicant and any dependants without recourse to public funds in accommodation which the applicant owns or occupies exclusively; and

(x) the applicant will be able to maintain himself and any dependants adequately without recourse to public funds.

If you can do this, you will be given an initial grant of 12 months as per Rule 248B. Once you have completed this 12 months, you can then apply for ILR under Rule 248D but you must have first completed the 12 months.

 

CharlotteSJ, Immigration Solicitor
Satisfied Customers: 78
Experience: I have 6 years experience in Immigration law and I am accredited to LSC Level 2 and OISC Level 3.
CharlotteSJ and other UK Immigration Law Specialists are ready to help you
Expert:  CharlotteSJ replied 3 years ago.
Thank you for accepting. I would be grateful if you could leave me feedback for my answer.
Customer: replied 3 years ago.
Hi, you said If there are contact proceedings going through then you can apply to stay in the UK on that basis.. I was in court yesterday for direction hearing on my application for interim contact and shared resident. But the contact order is yet to be made because we were asked to return in a month time and were referred to cafcass. Can I use those contact proceedings to apply for my FLR(O) recall my spouse visa status is running out in 2 months time.

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