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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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Hello Im a Canadian citizen. I apologize for the length

Resolved Question:

Hello

I'm a Canadian citizen. I apologize for the length of my question- as it rather a complicated issue.

My ex-husband was incarcerated in Canada. I obtained a divorce from him. Though the paper work were still pending. I met a UK man on facebook, and got to know him as a friend. After my divorce, he asked me to come visit him and the country as a friend. I went during the Royal Wedding with the brother primarily just to take my mind off the divorce (due to the fact I left my 5 year daughter in Canada with my mom, I only planned to be there for 3 days). After 2nd day, I contacted my friend in UK and we decided to meet up before I leave for Canada again. After spending a whole day together, we realized that there was more to our friendship than we thought. We are Muslims and refrain from dating, though in our times, we conduct a marriage contract called nikaah, that 'allows' us to date until we are sure we wish to marry each other- and that point we perform a wedding ceremony called 'walimah'.

We did the nikah contract- and the next day, I flew back with my brother to Canada.

The complexity now starts. My UK partner is legally married. The plan was that he will visit Canada the next month. He was not allowed to board the flight from UK to Canada due to him being on no-fly list for US.
I felt bad and wanted to see him to decide our fate. I booked the next morning, the night he was restricted from flying, to go to UK.

And this is where I made loads of mistakes. I thought since Canada and UK are pretty close together (we still have the queen on our money) that it wasn't a big deal why I wanted to enter UK and that I had the leave to enter. When asked why I was in UK, I said I wanted to check out universities, and wanted to stay at my dad's friend. Reason being, after his denial to come to Canada, I had discussed that maybe in the future I could come and spend some time in UK and continue my study here instead of at University of Toronto. I didn't mention the relationship as I was still legally married to my ex and so was he- so I thought it would be a lie to call him my husband. But as a Muslim- I found it inappropriate to call him my boyfriend.

This is when, the immigration officer detained me and denied me entry- saying that she is not satisfied that I am a genuine visitor. Despite me having enough funds, only one week stay in UK and my daughter in the care of my mother, and my semester in university in Canada starting soon.

Its been two years since that. We have been meeting in different countries every time I have a break from study- dubai, egypt, etc. After my graduation, we lived in Turkey for 6 months with my daughter. We intend to move to a muslim country. I am now back in Canada. But I am now pregnant with his son, due in a month. He is still legally married but I am not.

I now want to visit him for 6 months in UK so he and his parents can see our son. My son will have a canadian passport- can he apply for british citizenship? Doesn't my son has the right to visit his father- especially since father is not allowed to come to Canada? How should I go about in applying for the UK visa?
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Fran-mod replied 1 year ago.
I'm Fran, and I’m a moderator for this topic.

We have been working with the professionals to try to help you with your question. Sometimes it may take a bit of time to find the right fit. I was checking to see if you had already found your answer or if you still needing assistance from one of the professionals.

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Customer: replied 1 year ago.

Hello Fran


 


I was not satisfied with the answer I recieved from one of the professional on here. I was hoping T_Graham12 (Tom) would answer my question as I have reviewed his answers to complicated immigration cases- and he seems to know more than whats available on websites. The answer I recieved was from someone not experienced, who simply did an internet search for me. I need a personalized answer the way Tom gives.

Expert:  Wendy-Mod replied 1 year ago.
Hello,

I will let T_Graham12 know you are requesting his assistance.

Thank you for your patience.

Regards,
Wendy
Expert:  Howard replied 1 year ago.
If your son has the father's name on the birth certificate then there is the potential for him to be registered as a British Citizen by descent IF the father was born in the UK:

http://www.ukba.homeoffice.gov.uk/britishcitizenship/othernationality/Britishcitizenship/bornoverseas/

It might be wise to also have a paternity test. The child will not automatically have the right to a British Passport though - at best registration would be required first.

You might find it difficult to get a visitor visa given the previous immigration history and marital status of the father as this relates to the probability of leaving the UK and meeting the conditions of the visa. You could consider applying for an Accompanied Child Visitor visa:

http://bia.homeoffice.gov.uk/visas-immigration/visiting/child/requirements/

It would be recommended that you get a visa as you have previously been refused entry.

Does this help?
Howard, Immigration Lawyer
Satisfied Customers: 459
Experience: Senior Partner with nearly 20 years experience in UK Immigration Law.
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