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Please can you clarify the following:
Are you and the father of your daughter married?
What visa do you currently hold?
Does th father of your daughter have any objections to you having an involvement with the daughter?
What nationality is the father?
We are not married but are partners not living together
I hold a visitor visa 2 years ending dec 2012
The father and I are working closely together for the good of our daughter.
The father and daughter hold british passports
Thank you for your reply.
If you are on a visitor visa it only allows you entry to the UK for a maxium of 6 months at a time, you are unable to spend more then 6 months in the UK on any one visa.
If the father or the current carer has no objection to you having an active role in your daughter's life then you should apply under the immigration rules for access to a child.
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 wish to apply under the above rules then you should do so using form FLR (O):
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If you are the legal guardian of your child then this would mean that you would need to apply on a discretionary basis to remain with your child in the UK. You would need to include factors such as schooling and the fact that she needs to be close to her father who can not relocate to Gambia. You would need to get an affidavit to this effect from the father and the fact that he does not want to be away from his daughter and the role he would like to play in her life and that he would want to support her.
You would then be able to submit an application on discretionary leave to remain including all the factors showing why it is important for your child to remain in the UK and as there is not where for her to reside you would need to show that you are able to provide accommodation, employment and will be able to main yourself in the UK.
It is very important that factors such as the father's interest in the child as well as her education are taken into account when submitting the application, pictures, birthday cards etc must also be submitted showing her relationship with you as well as the father.
You would need to use the same form as above FLR (O) when submitting this application.
You may also want to look into the following link and the judgment in the Zambrano case:
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