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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7430
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, Please may I know my best option My 3 month resident permit

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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.
What nationality are you?

Are you in a relationship with anyone?

Kind regards

Customer: replied 4 years ago.



Not in any relationship at the moment. Thanks


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


Customer: replied 4 years ago.

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


I will be able to answer in an hour or so

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?

Customer: replied 4 years ago.
On the basis am still in court for contact order. Yes child is uk citizen residing in uk same as ex

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

So, you do have a contact order - correct?
Customer: replied 4 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.
I'll be able to answer in the morning

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,

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