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Howard
Howard, Immigration Lawyer
Category: UK Immigration Law
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Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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Hi, Ive just split with my partner of three years. She is

Resolved Question:

Hi, I've just split with my partner of three years. She is a uk citizen, I am Australian and currently in the uk on a working holiday visa. We have just had a baby boy together nine weeks ago and I'm just wondering what my rights are in regards XXXXX XXXXX in the uk or getting shared access to ur child if I move back to Australia.
Submitted: 10 months ago.
Category: UK Immigration Law
Expert:  Howard replied 10 months ago.
Having a child will not give you any rights to remain in the UK. If you and your partner cannot come to an amicable arrangement then you would have to instruct a solicitor and take legal advice. You most certainly should be able to gain access rights but you would not be able to gain a UK visa to remain on the UK based on paternity.
Customer: replied 10 months ago.
Are there any other options regarding different visas? I currently operate a small business and I am successfully self employed.
Expert:  Howard replied 10 months ago.
Self-employed or Limited Company? Employing people?

A Tier 1 Entrepreneur visa would require a £200K investment and is intended for those establishing a UK Company that will employ people. Options are extremely limited.
Expert:  Howard replied 10 months ago.

I need to correct an earlier inaccuracy.

 

If you do not qualify as a partner, which you will not if the relationship has broken down, then you can qualify as the parent of a child who is:

 

- under the age of 18 on the date you apply;

- living in the UK; and - a British citizen or settled in the UK.

 

You will be given an initial period of 30 months and then can renew for 30 months, at which time you can apply for settlement. You will need to prove that you can maintain and accommodate yourself and obviously you will need to prove that you are the father.

 

Apologies for the confusion caused - I think the relationship breakdown part threw me. You can find an overview here:

 

http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/parents/

Expert:  Howard replied 10 months ago.
In addition, I presume you are aware of the Tier 5 YMS restrictions of self-employment - you must not own the business premises (if applicable), you must not have any employees and you must not have business-related equipment worth more than £5,000. A breach of visa conditions would complicate an application for a visa.
Howard, Immigration Lawyer
Satisfied Customers: 459
Experience: Senior Partner with nearly 20 years experience in UK Immigration Law.
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