Access to a child resident in the UK

[SAA]

Hello everybody !

I have a question.

Can I apply for a visa as a person exercising rights of access to a child resident in the United Kingdom under the section 248A Immigration Rules ? I am currently waiting for a spouse visa and am wondering if I can apply for the first mentioned above after I get a spouse visa.

According to the Immigration Rules, the requirement is that 'the applicant has limited leave to remain in the United Kingdom as the spouse, civil partner, unmarried partner or same-sex partner of a person present and settled in the United Kingdom who is the other parent of the child'.

Looks like I can apply for this type of visa once I hold a spouse visa. But I am not sure.
I am confused by the fact that I have read somewhere the applicant can apply to get this type of visa when hi/she separetes from his/her patner and has a child...

Please, can you help me to understand it who knows !!

Thanks

[Siggi]

This does'nt stack up!

You say that you are waiting for a spouse visa, then you say you want to apply under section 248 A so why bother if you are entiled to spouse visa?
You will always have access to your childern in the UK, but whether or not you my stay long term in the UK that's another question?

We need to know a few more details, how old are your childern, doe's the mother support them in the UK?

[SAA]

I am waiting for a spous visa now. Yes, it takes 2 years to wait and access to a child - 1 year. And seems that I can apply for it if I hold a spouse visa, No ?

[SAA]

But it is not only the reason.
I am actually the mother of a child. My husband is Portugues.

The situation in our family is very stressful now and he always lets me know that he can give a call to the HO. In families raws can happen and I find that threat to call HO very stressful. It is not like I want to separate and I need just this visa but I do not want to be threated like this especially with a baby 7 months and without a job (cos I am still waiting for a spousevisa and can not find a job without my passport). Moreover I left my country, a very good job, friends and came over to live with him.
I feel really upset that he says 'you gonna be in trouble if you don't do this, that...'
So I just want to be a little bit independent from him. And on this purpose may be I will be able to change my visa even though I will have a spouse visa.

So if anybody knows it will be possible, please answer !!!
I am really tired to live like this

[tinux]

You mean

you are in the Uk on a spouce visa and you have a baby.
your husband/partner is blackmailing you .
you want to get another type of visa to stay looking after your baby and to forget about Indefinitive leave to remain based on spouce visa
Am I right????????/


questions

what is your nationality ?
your husband nationality?
how long have you been in the Uk?
is the baby british?
who pays for the bills etc???????

[VictoriaS]

Okay, assuming that you are a non-EEA national, as your spouse is Portugese, it is important to know if your application to enter the UK as a spouse was made using UK law or UK law, and are you in the UK now awaiting extension or are you still overseas? Also, how long have you been here, howe long has your husband been here, and when and where was your child born?

Victoria