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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: UK Immigration Law
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Experience:  English Solicitor and UK Immigration Law Expert
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Hi my name is Sultan I am married to a british wife and am

Resolved Question:

Hi my name is Sultan
I am married to a british wife and am in the two years period which ends very very soon. However; my wife has written the UKBA to inform them that we have been living off and on for some time together but we are not now.
Also; that we have not yet come to conclusion about our marriage.
Nevertheless; she states that she would support my application to request to stay here in the country because we have a daughter and wants me to have a relationship with her.
On the other hand she is not giving me an A4 letter of access agreement to our daughterof age one.
What are my options? My spouse visa comes soon to an end.
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello Sultan,

You can apply for settlement as a husband, wife or civil partner if:
  • your marriage is still valid i.e. you have not divorced;
  • the marriage or civil partnership is existing and genuine (not a 'marriage of convenience', for example);
  • you and your partner both intend to live together permanently as husband and wife;
  • you have adequate accommodation where both of you and any dependants can live without needing public funds, and at least part of that accommodation (for example, a bedroom) is for your and your partner's sole use;
  • both of you can support yourselves and any dependants without needing public funds;
  • you do not have any unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974; and
  • you have enough knowledge of the English language and life in the UK.
As your wife has said she will support your application for settlement, you should go ahead and apply for ILR using form SET(M): http://www.ukba.homeoffice.gov.uk/visas-immigration/settlement/applicationtypes/applicationformset%28m%29/

You should sort your visa out first and then focus on access arrangements with your child.

Hope this helps
Customer: replied 2 years ago.

Hi,


My wife said to UKBA she would support me to stay in this country to have a relationship with my one year old daughter, but not as married couples.Even thou, we are legally married, but we are living apart and she does not yet know if marriage is salvagable or not.

I am in two years probabtion period and coming to an end of it. What other options do I have?

Expert:  UKSolicitorJA replied 2 years ago.
Thank you for your clarification.

In that case, you should apply as soon as possible for further leave to remain in the UK as a person exercising rights of access to a child resident in the UK under Para. 248A of the Immigration Rules. The requirements are set out below:

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 successful, you will be granted 12 months leave to remain after which you may apply for indefinite leave to remain here.

You should make the application on Form FLR(O): https://apply.ukba.homeoffice.gov.uk/iapply.portal?_nfpb=true&_pageLabel=confirmAndDownload&com.sun.faces.portlet.CLEAR_STATE=true&_nfls=false&formId=FLRO&rpl=formList

Good luck and please press Accept
Customer: replied 2 years ago.
She is not willing to give me any document that support my access to our daughter...
What should I do???
Expert:  UKSolicitorJA replied 2 years ago.
In that case you would need to apply to the court for a Contact Order.

Further details here: http://www.cafcass.gov.uk/the_law_about_children/contact_and_residence.aspx

Please click Accept as your original query has been answered
Customer: replied 2 years ago.
She does not want to show up at court nor anything...
She wants to claim I am a bad father...
Anything around it????
Expert:  UKSolicitorJA replied 2 years ago.
As the father of the child, you should be able to get a contact order even though the mother of the child refuses to co-operate or fails to turn up at the hearing.

I suggest you get in touch with Families Need Fathers who are very helpful: http://www.fnf.org.uk/law-and-information/contact

Once you get the Contact Order, you can apply to the UK Border Agency for further leave to remain as advised above, but you should take care that you do so before your current 2 year visa expires.

Good luck
Customer: replied 2 years ago.
She refuses to do so...
Can I apply to UKBA without contact order on the basis of family human rights as I have here in UK my daughter, my brother, my neice whom are all british and lawfully in this country... As for me, my past has been in an orphanage in my own country till I was old. so???
Expert:  UKSolicitorJA replied 2 years ago.
You may certainly try applying to the UK Border Agency on human rights grounds (article 8) without the contact order, whether they grant your application is another matter.

Please click on Accept
Customer: replied 2 years ago.
I want a guarennteed answer...
Expert:  UKSolicitorJA replied 2 years ago.
I am afraid no professional adviser can guarantee results as ultimately the decision lies with the UK Border Agency.

If you had a contact order, your case would be stronger than making an application under human rights.

Please click Accept so that I am credited for my time assisting you
UKSolicitorJA, Solicitor
Satisfied Customers: 3904
Experience: English Solicitor and UK Immigration Law Expert
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