Eligibility as a parent - FLR(FP)

[lechiffre]

Hi Guys,

I have a slightly complicated case here, and i will like to get some advice.

I am currently on a tier 2 - general visa, expires in 2018. I will like to switch to the parent route for my 8 month old son. I am unmarried and still with the mother (my partner) and we all live together.

however i am unable to apply via the partner route because - we have been living together for less than 2 years ( 11 months to be precise). And Secondly she does not meet the eligibility criteria of £24,600 income, but i do. The child lives with both of us and the mother is a British citizen. (keep in mind eligibility)

My question is, under the: Appendix FM:

Two things that confuse me are:

The parent route is not for couples with a child together who are in a genuine and subsisting
relationship. Applicants in this position must apply under the partner route. An applicant can
only apply under the parent route if they are not eligible to apply under the partner route.

Also:

- the applicant in the parent route cannot be the partner of this British Citizen or settled parent or carer (which for leave to remain includes a person who has been in a relationship with the applicant for less than 2 years prior to the date of application); and
- the applicant in the parent route must not be eligible to apply for entry clearance or leave to remain as a partner under Appendix FM.

Does this mean i am eligible to apply as a Parent or Not?

Thanks to anyone who can provide some insight to this.

[kingin2015]

Hi Guys,

I have a slightly complicated case here, and i will like to get some advice.

I am currently on a tier 2 - general visa, expires in 2018. I will like to switch to the parent route for my 8 month old son. I am unmarried and still with the mother (my partner) and we all live together.

however i am unable to apply via the partner route because - we have been living together for less than 2 years ( 11 months to be precise). And Secondly she does not meet the eligibility criteria of £24,600 income, but i do. The child lives with both of us and the mother is a British citizen. (keep in mind eligibility)

My question is, under the: Appendix FM:

Two things that confuse me are:

The parent route is not for couples with a child together who are in a genuine and subsisting
relationship. Applicants in this position must apply under the partner route. An applicant can
only apply under the parent route if they are not eligible to apply under the partner route.

Also:

- the applicant in the parent route cannot be the partner of this British Citizen or settled parent or carer (which for leave to remain includes a person who has been in a relationship with the applicant for less than 2 years prior to the date of application); and
- the applicant in the parent route must not be eligible to apply for entry clearance or leave to remain as a partner under Appendix FM.

Does this mean i am eligible to apply as a Parent or Not?

Thanks to anyone who can provide some insight to this.

Mate, you must be joking. Your situation is straitforward. You said your child's mother is british hence the child is british citizen. You only need £18600 to apply under FLR(M).you said your income is above 20000 so you meet the financial requirement. But you do not meet relationship requirement so either you have to get marry or wait until you live 2 years together, this shouldn't be problem for you as you have valid leave until 2018, If u dont wanna marry now.
Hope this helps