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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2093
Experience:  I am a qualified solicitor and an expert in UK law.
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I am Gambian with a british daughter 4 Years old . I have a

Resolved Question:

I am Gambian with a british daughter 4 Years old . I have a sponsor who is her father.
My two year visa ends Dec 2012. I need to stay in UK for the benifit of our daughter's education. Can I apply for a discretionary Visa or any other type.
Regards Abie
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 2 years ago.

Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

 

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?

 

Kind regards,

Customer: replied 2 years ago.

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

Expert:  UK_Lawyer replied 2 years ago.

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):

 

http://ukba.homeoffice.gov.uk/sitecontent/applicationforms/flr/flro1

 

I hope this answers your question, if so kindly leave positive feedback so I can get credited for my time.

 

Kind regards

UK_Lawyer, Solicitor
Satisfied Customers: 2093
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and other UK Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.
My daughter resides with me in Gambia and is at school in uk only when I am in uk on my visitor visa. She dose and cannot reside with her father
Expert:  UK_Lawyer replied 2 years ago.
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