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Howard
Howard, Immigration Lawyer
Category: UK Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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my visa expired in 2012, i live with my partner from eu coutry

Resolved Question:

my visa expired in 2012, i live with my partner from eu coutry and we have a baby together, baby have my surname and we are still living together, what chance do i have getting a visa?
Submitted: 11 months ago.
Category: UK Immigration Law
Expert:  Howard replied 11 months ago.
There is a reasonable chance of success despite having overstayed, based on your right to a family life. If you are refused then you might expect to be successful if you appeal. Having a child significantly improves the chances of success and I assume that you made clear in the application that you have a child with your partner.
Howard, Immigration Lawyer
Satisfied Customers: 459
Experience: Senior Partner with nearly 20 years experience in UK Immigration Law.
Howard and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 11 months ago.

yes i made it clear, my baby have my surname on the birth certificate and we all live together. i have summit my application and have my biometeric done, do u know roughly how long it will take for me to get my visa?

Expert:  Howard replied 11 months ago.
Processing times are extremely inconsistent and they might take a little longer given that you had overstayed when you applied (or it could come back quickly)! You would usually expect these applications to take up to 6 months and often longer, assuming you have submitted an EEA Family Visa application.

Please remember to rate the service that I have provided. Once you have done this you can still ask further questions if required.
Howard, Immigration Lawyer
Satisfied Customers: 459
Experience: Senior Partner with nearly 20 years experience in UK Immigration Law.
Howard and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 11 months ago.

ok thanks for your answer, will come back when i have another question to ask.

Customer: replied 11 months ago.

what about in the future if my baby mama withdraw from my visa application, and say she dont have anything to do with me, will that affect my visa application? please do let me know

Expert:  Howard replied 11 months ago.
Yes, that would impact upon your application and if it happened after your visa was approved then your visa status would also cease - the visa is reliant on the relationship continuing and on the EEA Citizen continuing to exercise Treaty Rights. You would be likely, however, to retain an option to be in the UK as the father of a child that is in the UK on the same EEA Family basis, so all would not be lost.
Customer: replied 11 months ago.

so if that happen that mean i have to reapply for another visa? but i have pass the citizenship test for naturalization when i was married.

Expert:  Howard replied 11 months ago.
Do you mean the Life in the UK test? Why did you take that test? What was your previous immigration history?
Customer: replied 11 months ago.

yes life in the uk, i was on spouse visa for 5yrs until i got divorce from my wife and i didnt know what to do as i was scared to apply, so my visa run out.

Expert:  Howard replied 11 months ago.
Surely if you were married after 2 years in the UK with a Spouse visa you should have applied for ILR at that point?

Unfortunately you need to pursue the options I have given and start a new qualifying period. If you had children with your first wife and they are British then you can get a visa as the parent of British child.

In future you should always immediately get legal advice about your situation.
Customer: replied 11 months ago.

me n my ex wife didnt have any child together but my current partner who is from eu is the one i have a baby with.

Expert:  Howard replied 11 months ago.
So just wait for the decision and hopefully it will be positive. If refused then an appeal should be successful. If the marriage breaks down then if the child is still in the UK you can apply to remain here on that basis.
Howard, Immigration Lawyer
Satisfied Customers: 459
Experience: Senior Partner with nearly 20 years experience in UK Immigration Law.
Howard and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 11 months ago.

can having a caution affect my visa application?

Expert:  Howard replied 11 months ago.
If you were not charged and do not have a criminal conviction then you should be ok but you must make sure that you disclose these things.
Customer: replied 11 months ago.

no i was not charge, is only a caution.

Expert:  Howard replied 11 months ago.
You should be ok. Did you disclose this in the application.
Customer: replied 11 months ago.

no i didnt

Expert:  Howard replied 11 months ago.
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Customer: replied 11 months ago.

i will do , thanks

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