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ILR, BROKEN MARRIAGE AND ACCESS RIGHTS TO CHILD IN UK


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#1 ABELE

ABELE

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Posted 16 November 2008 - 04:06 AM

Hi forum i need help as i am confused and cannot even go to bed, the time of posting this msg explains the stressful situation i am in. I came to UK on spouse visa in june 2006 in august 2007 my marriage broke down,we've got two young boys age 2 and 1, in May 2008 she signed my SET(M) even though we were living apart and was still trying to sort the marriage out, but before then she had told the police that i moved out and her passport was with me and the police contacted home office.till today i am still waiting for my ILR, 7weeks ago she stopped me seeing my children becos i have got a new girlfriend and so i started contact proceedings at the court, and also sent a letter and application variation on FLR(O)to home office informing them that my marriage has broken down whilst waiting for my ILR want extension on article 6 and 8 echr laws. Two days to our first hearing she rang home office as well to inform them. the gud news was she told the court she doesnt want me to see my children ever again, since she is scared i will do a runner with them to Mali(Africa) since she has informed home office that she does not supp my application any longer and also i used deception to enter uk in 2000 before going back to my country getting married in my real name and coming back to uk.

Pls help what are my chances as the court gave me supervised contact for 6hrs every saturday and also i am allowed to go anywhere within uk with my children once the supervisor(her mum)agreed to come with me.



#2 Guest_sincere2008_*

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Posted 17 November 2008 - 08:26 PM

Hi forum i need help as i am confused and cannot even go to bed, the time of posting this msg explains the stressful situation i am in. I came to UK on spouse visa in june 2006 in august 2007 my marriage broke down,we've got two young boys age 2 and 1, in May 2008 she signed my SET(M) even though we were living apart and was still trying to sort the marriage out, but before then she had told the police that i moved out and her passport was with me and the police contacted home office.till today i am still waiting for my ILR, 7weeks ago she stopped me seeing my children becos i have got a new girlfriend and so i started contact proceedings at the court, and also sent a letter and application variation on FLR(O)to home office informing them that my marriage has broken down whilst waiting for my ILR want extension on article 6 and 8 echr laws. Two days to our first hearing she rang home office as well to inform them. the gud news was she told the court she doesnt want me to see my children ever again, since she is scared i will do a runner with them to Mali(Africa) since she has informed home office that she does not supp my application any longer and also i used deception to enter uk in 2000 before going back to my country getting married in my real name and coming back to uk.

Pls help what are my chances as the court gave me supervised contact for 6hrs every saturday and also i am allowed to go anywhere within uk with my children once the supervisor(her mum)agreed to come with me.


hi
sorry to hear about your situation.
I think you have good chances for access to child visa under rule 247 :LEAVE TO REMAIN AS A PERSON EXCERCISING ACCESS TO A CHILD

As you have already got contact orders which is a good think.
If you conact some good immigration lawer you have very good chances.
Forget about ILR as this will never happen.You marriage is broken down and your wife has informed home office.So Home office will reject your application under this ground.
What to do now
you have done good to inform Ho for application for change of circumtances.Tell HO that you want to apply for access to child visa under rule 247 and you have got contact order.Very difficult on Artile6 and 8 but it is very simple on access to child visa.
Documents to send
1.Conatct order
2.proof that you are having contact with your childern(get a letter from contact centre superviser)
3.photos with your childern0
4.are you paying child maintance...send proofs(myb advise is starting paying your child money through Child support centre)
5.rental agreemnet...or any proof of accomodation
6.pay slips that you can maintain yourself without resoure to public funds
7.P60 or P45 (optional if you have any)
8.Three month bank statmnets showing atleast reasonalable balance(my opion 3000 to 4000 if you have a good job then no problem

Note:very importnat you must send Court Order and prooof that you are having contactn with your kids)

if you tell home office that you circumtances have changed and you wanted to apply under access catagory.You can mention artilce 6 and 8 in your application.
I beleive artile 8 is very strong in this case

:please seek legal advise before any advice:I have told you my experince
Intially you will be giving 12 months visa after that you can apply for ILR

#3 ABELE

ABELE

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Posted 18 November 2008 - 12:25 AM

thanks for the advice do you think they will ask me to go back to my Home Country and apply from there or they will give me the one year in UK as my application is under consideration before change of circumstances and i havent got my passport back yet

#4 Guest_sincere2008_*

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Posted 18 November 2008 - 08:26 PM

thanks for the advice do you think they will ask me to go back to my Home Country and apply from there or they will give me the one year in UK as my application is under consideration before change of circumstances and i havent got my passport back yet



Hi Abele
NO...A big No
they will not ask you to leave contry and apply for entry clearance.
The rule is Acees to leave to remain for person excercising rights to his son under rule 247 of immigartion rule.
Even they refuse your application(unlikely) for IlR you have right of appeal.
For access to child visa you can apply incountry.....
Even let assume they ask you to leave You can apply under artile 8 fo human rights and refer to lastest AIT decision
Chwimba vs sectray of state in which they clearly said that there is no need to go to apply for entry clearance if you have private life in UK......one more option if everything goes wrong(unlikely)

you have very good chance
Best Luck

sincere




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