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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7478
Experience:  BA (Hons), PgDip, Practising Solicitor
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I' am illegally in the UK years. I have a daughter

Customer Question

Hi I' am illegally in the UK for 16 years. I have a daughter who is almost 7, also orange to to an EEU French national. Which form can I apply or can I get stay in UK?
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi,
Thanks for your question.
What do you mean when you say "also orange to to an EEU French national"?
Was your daughter born in the UK and has she lived here her whole life?
Kind regards
Tom
Customer: replied 1 year ago.
I'm pregnant 7 month and the father is French National with UK permanent residence
Expert:  Thomas replied 1 year ago.
Hi
Are you in a loving relationship with the french national father? ie similar to man and wife?
Customer: replied 1 year ago.
Yes. My daughter born UK and live here all her life. I also have daughter who is 21 years now but came when she was 10.
Expert:  Thomas replied 1 year ago.
Hi
Thanks.
Are you in a loving relationship with the french national father? ie similar to man and wife?
Customer: replied 1 year ago.
It's on and off. He live in Lindon, I live in Manchester. I'm from Namibia,
Expert:  Thomas replied 1 year ago.
Hi,
Are you living together in the same accommodation with the father at the moment?
If so, how long have you lived with the father?
Customer: replied 1 year ago.
We only live together for two years and he left last year to move to London. I have permission to use his Passort to cornfirm that it is his child
Customer: replied 1 year ago.
I'm living in Manchester. He is living in London. I only see him so often
Expert:  Thomas replied 1 year ago.
Okay.
But would he support your application by confirming that you are in a loving relationship?
Kind regards,
Tom
Customer: replied 1 year ago.
I was thinking of filling in the FLR(FP1 form to apply under human rights? Also wanted to fill in Biomatric form and fee weaver form with evidence under Article 8 private
Customer: replied 1 year ago.
Life. Is that a possibility?
Customer: replied 1 year ago.
He wants to but he is scared. He cannot speak good English. We don't understand each other. I tried to ask him to help by explaining.
Expert:  Thomas replied 1 year ago.
Hi,
Drafting your answer now. 5 mins.
Tom
Customer: replied 1 year ago.
Ok.
Customer: replied 1 year ago.
Ok
Expert:  Thomas replied 1 year ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
You have two options.
The first is to apply for both your child and you on the basis that your child was born here and has lived for the whole of her first 7 years in the UK. This is an application under human rights and it is based on the fact that it would be unreasonable of the home office to expect the child to go to your home country and adjust their development to another country.
You can also apply on this basis and provided that your child is accepted then you will receive leave to remain. However, it’s a very complicated application and you would certainly have to instruct a solicitor to act on your behalf in order to prove the eligibility criteria and appropriately evidence this with your supporting statements.
You can apply for a fee waiver in the above application but it’s a bit tricky because you also have to prove that you can support/accommodate yourself without the need to access public funds, which is difficult to claim if you cannot pay the application fee. However, if you cannot work because you are illegal then you can argue that you would derive an income once you have regularise your status in the UK.
The alternative is to apply for a residence card on the basis of your relationship with your eea national:
https://www.gov.uk/apply-for-a-uk-residence-card/overview
You would have to prove that you have lived together for 2 years and are still in a relationship together. You would also have to explain why you are not living together any longer even though you are in a loving relationship.
I would probably apply on the basis of your child but I cannot stress how important it is for you to instruct a solicitor to act on your behalf.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 1 year ago.
I want to make my own application to the home office. Can you tell me which firm to use when making an application under Article 8 Private and family life?.
Customer: replied 1 year ago.
I do not have money to support my kids or pay for a lawyer but have little knowledge about through the own research.
Customer: replied 1 year ago.
Do I use the FLR( FP1) form plus the biometric form?
Customer: replied 1 year ago.
Hi Thomas can you answer me?. Are you there?
Expert:  Thomas replied 1 year ago.
Hi,
In that case you are going to have to see if you can do it yourself.
I would suggest that at the very least you pay to have a fixed fee consultation with a solicitor in an hour long meeting ot point you in the right direction and then speak with immigration charities who may be able to advise/assist you.
Additionally, as you go along you should contact your local Citizens Advice Bureau and book appointments with them in order to give you further assistance.
This link contains a number of links to sites which may prove useful to you during the process:
http://www.womensaid.org.uk/landing_page.asp?section=0001000100130029
FLR(FP) is the correct form that you would use to apply.
Kind regards,
Tom
Customer: replied 1 year ago.
Ok. Thank you
Expert:  Thomas replied 1 year ago.
You're welcome
Tom
Expert:  Thomas replied 1 year ago.
Hi
Is there any further information you require?
I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.
Kind regards,
Tom
Customer: replied 1 year ago.
Yes. Can you please tell me which form Specifically to use. I read that if you submit wrong form application will be rejected? For the fee waiver is it: Apendix 1( FLR(FP)/ FLR(O) Request for fee weaver on ECHR Rights? And on the statement Aplication is it: FLR(FP) 04/2015 version( https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/423050/FLR_FP__Version_04-15.pdf. Is that right?
Customer: replied 1 year ago.
Application for live to remain as parent or partner in Human Rights ground( https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/423050/FLR_FP__Version_04-15.pdf. Is that right? I'm destitute and with two kids, and pregnant with still to be born baby!!. Is desperate I will do best I can. I hope to hear fro you on the forms? Thank you
Expert:  Thomas replied 1 year ago.
Hi,
Those are the correct application forms for you to use, yes.
Please remember to rate my answer
Tom
Customer: replied 1 year ago.
Ok. I will do so. Thank you Thomas. May god bless you more for helping the poor and needy migrants like me. Thank you.
Expert:  Thomas replied 1 year ago.
Good luck.
Tom