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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6594
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, Please may I know my best option My 3 month resident permit

Resolved Question:

Hi, Please may I know my best option? My 3 month resident permit outside the rules will soon finish and am yet to obtain contact order to allow me access to our child but I dont want to continue spending 550 only to obtain 3 months residence to cover the process. I have had residence for 4 years now, 2 from spouse and 2 from workingholiday.
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.
Hi
What nationality are you?

Are you in a relationship with anyone?


Kind regards

Tom
Customer: replied 3 years ago.

Nigeria

 

Not in any relationship at the moment. Thanks

Expert:  Thomas replied 3 years ago.

Hi,


Sorry, having re-read your question can you please explain what "4 year" rule you think you may be eligible for?


Tom

Customer: replied 3 years ago.

I'm not sure, please tell me? what rule if any? what are my best options?

Expert:  Thomas replied 3 years ago.
Hi

I will be able to answer in an hour or so

Tom
Expert:  Thomas replied 3 years ago.
How have you received your current leave to remain on the basis of your child?

Is the child a UK citizen? Is the father also a UK national and does he reside permanently in the UK?

Tom
Customer: replied 3 years ago.
On the basis am still in court for contact order. Yes child is uk citizen residing in uk same as ex
Expert:  Thomas replied 3 years ago.
Hi,

So you do not have a contact order at present, is this correct?

Tom
Expert:  Thomas replied 3 years ago.
So, you do have a contact order - correct?
Customer: replied 3 years ago.
Not yet, still in the process, the court requested for a report from cafcass which have been submitted to the court. So hopefully by next hearing contact order might be granted. I was granted 3 month resident permit outside the rules whilst on the process of obtaining contact order, and the process is now taking more than 3 months.
Expert:  Thomas replied 3 years ago.
Hi
I'll be able to answer in the morning
Tom
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your reply.

You will have to see a solicitor to make the application for you and argue that you should be granted leave to remain in excess of the three months presently awarded to you.

The case law in this area is developing but the key is providing “adequate evidence of dependency” of the child upon you. A court order for contact would be helpful, not as much if the position was that the child could not rely on the father to take care of it under the UKBA guidance following the important case of in this area of Zambranno. The UKBA guidance suggests that where there is another parent upon whom the child is or could become dependent then they will not permit leave to remain to the Applicant, but it is anticipated that this will be disputed at the Immigration Appeals tribunal.

You will have to submit an application properly argued by your solicitor and then appeal if rejected, or if you are granted very limited leave to remain keep an eye on the case law as it develops to see if it can assist you,

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Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6594
Experience: BA (Hons), PgDip, Practising Solicitor
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BA (Hons), PgDip, Practising Solicitor