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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7609
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi I want to know if theres any law that allows me to stay

Customer Question

I want to know if theres any law that allows me to stay in the Uk based on the fact that i have a child here and how do i go about applying.
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 4 years ago.

Is the other parent of the child in the UK and if so what is there immigration status?

What nationality are you and where are you? If in the UK please state your immigration status..

Customer: replied 4 years ago.


Thanks for you quick response, my partner is English and am in Lonodn UK my student VISA has actually expired and i have a pending cohabiting parters applicatioin with the home office.


The problem is we are not getting on well and everytime she threatens to withdraw the application from the home office which will automatically mean i am an overstayer if am right. Our daughter will be 2 in january.



Expert:  Thomas replied 4 years ago.

In the event that you were t break up who would have residence of the child and would the other non-resident parent seek to have contact visits with the child?

Customer: replied 4 years ago.

I have not decided what to do with regards to custody of the child yet as i am the Male it would probably be better she gets custody and i will definately keep 100% contact with my child. If i can get custody i actually wont mind at all but first thing is to sort out my residence status so i dont get repartriated.


Am really worried she would withdraw the application and that will leave me in a bad situation, i am resident in the UK as we speak its just we are not getting on well and i want to know if the fact i have a child and always been there for her can keep me in the country.



Expert:  Thomas replied 4 years ago.

Thanks for your question.

If she woke to withdraw the application then you would become an overstayer if you did not have leave to remain which has not yet expired.

If this happened then you would have to quickly sort out who has residence of the child I would have contact. If you would have contacted and she residence and you were prepared to go to court to get a court order ordering you to have contacts under the children's act then you may be able to make a fresh application on this basis.

You would certainly need a solicitor to prepare the application for you as well as the application to court for a contact order. Provided you get this and were also able to show that you were able to support and accommodate yourself without the need to access public funds then you would have a reasonable chance of getting further leave to remain on this basis

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Kind regards


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