14 replies to this topic

[luceuk]

SteveG. what exceptions do you mean when children are involved? I don't know of any exceptions. My fiancee and i are pretty much in a no win situation other than to use EEA family route to UK (we have 1 daughter) Please elaborate!

[SteveG]

Hi,

It's an exception to the rules.

Quote

This paragraph applies if
(a) (i) the applicant has a genuine and subsisting parental relationship with a child who-

(aa) is under the age of 18 years, or was under the age of 18 years when the applicant was first granted leave on the basis that this paragraph applied;
(bb) is in the UK;
(cc) is a British Citizen or has lived in the UK continuously for at least the 7 years immediately preceding the date of application ;and

(ii) it would not be reasonable to expect the child to leave the UK; or

( the applicant has a genuine and subsisting relationship with a partner who is in the UK and is a British Citizen, settled in the UK or in the UK with refugee leave or humanitarian protection, and there are insurmountable obstacles to family life with that partner continuing outside the UK

It only applies if there is a British child of the relationship or if there is a child who has lived continuously in the UK for the past 7 years

[luceuk]

Interesting, my child is a British citizen same as me. It is not reasonable to expect us/her to leave UK for longer than a visiting period of time to see my other half as of course she will have preschool/school in a few years - she is 13 months. Me and my other half have a continuing genuine subsisting relationship as does he with our child. Does this really make a difference to spouse/fiance visa applications, i didnt think there was any other way for us other than EEA family route....still confused....sorry to hijack your thread OP...

[luceuk]

This is the only page on UKBA i can find that relates to 'parent of a child' which is totally not applicable to us as we are in a relationship...correct me if i am wrong!

This page explains the requirements you must meet to come to the UK as the parent of a child in the UK.
To qualify under this route you must be the parent of a child who is:

• under the age of 18 on the date you apply;
  
• living in the UK; and
  
• a British citizen or settled in the UK.

Can I apply?

You can apply under this route if:

• you have sole responsibility for the child or the child normally lives with you and not their other parent; or
  
• if the parent or carer that the child normally lives with is a British citizen or settled in the UK, but is not your partner, and you do not qualify for entry clearance as a partner.

You must provide evidence that you either have sole responsibility for or access rights to the child or that you are taking, and intend to continue to take, an active role in the child's upbringing. The documents you need to provide are listed on the application form.

[Victoria]

This is different from the EX regulations. It is wise to get legal advice if applying as per these rules.