FLR (FP) as a parent

[waqasaliraja1]

hi
i m living in uk as a student for past 4 and half year .
my first visa as a student expires in December 2011 so i applied or extension and home office granted we visa on 09 January 2104 for
only 4 months so on 09th o may i applied again for further extension but what happened my college got revoked and they refuse my case on September but they allow me appeal against it . I did appeal that was heard in Manchester teir 1court on 12 December 2015 on that judge allow me my appeal,thats mean i should get letter from home office stating that i have 60 days time to find another college or university to continue my study but now its 7 months i.i did send them letter asking about my 60 days letter they reply and said its pending and after that i have been waiting for this letter and now rules for changing its look like nobody is getting any extension any more from inside uk.

23 march 2014 i start living with my partner .she have one son that is got British passport and she came as a student then she has been granted Discretionary Leave to Remain that expires 0n march 2016. we have another child thats born on 02 February 2015 this year that is nearly six month .so we applied visa for my son home office granted visa as same as his mother have .

problem is me i am still in the middle waiting for letter .
somebody advice us to apply for FLR (FP) we been to lots of solicitor but my partner wants me to apply on the basis of FLR (FP)
as parent on which i only have my son biometric card and his birth certificate and a letter from his mom that i come nearly everyday to meet my son leaving all about my partner because she thinks that her on visa will be on risk when she apply of extension next year march 2016 .

we spoke with solicitors about that issue they said that if you apply FLR (FP) as parent with letter that you meet your son ,for that i have to show that i live in a flat separate and all other supporting document you have more chances to be get refused by home office giving reason that leave that country and go back to pakistan and keep in touch with your son by electronic media or possibly its goes to appeal for judicial review .

now i need help on this because i m stuck i cannot leave my son because i cannot live without him ,but current situation is not on my side if they send me letter and i cannot find any college i cannot stay .
if i apply FLR (FP) as parent thats long waiting with not much hope.
or apply as FLR (FP) as partner and parent life in uk with all documents including my partner biometric card ,passport copy ,2 proof of address and pictures and loads of documents i have chance to get visa but she is not agree she want me to wait let her extend her visa first so when her new card come through so then she will be happy to apply together but the problem is how to buy time until mid next year.
according to new tier 4 rules i don't see any hope.

please help me advice
i am in big problem really bad situation.

thanks

[Obie]

I think you have a strong convention claim. On the basis of the child as his right is linked to that of the British Child, and the relationship with the mother.

There is a strong case outside the rule, and in fact you can argue that there is a subsisting relationship with the British child also.

[waqasaliraja1]

many thanks for your reply .

i know that but my partner is not agree to apply now she want me to apply next year right after she gets her own visa extended.


what about if i apply as a parent with permission letter from my partner that i meet him everyday and she works two days so she drops kids with me on that way she is not involve on anything to do with my application. she is worried if we apply now then when she apply for her extension home office might say that you have partner now now you can live outside uk.is that possible .as long as i have known about FLR (FP) as a parent and my solicitor told me like this home office will refuse your application and could say leave uk and contact your son via electronic media ike skype.or its goes to appeal and maybe judicial review.


i will be happy if you reply for this question please .
thanks in advance

[Zee ali]

many thanks for your reply .

i know that but my partner is not agree to apply now she want me to apply next year right after she gets her own visa extended.


what about if i apply as a parent with permission letter from my partner that i meet him everyday and she works two days so she drops kids with me on that way she is not involve on anything to do with my application. she is worried if we apply now then when she apply for her extension home office might say that you have partner now now you can live outside uk.is that possible .as long as i have known about FLR (FP) as a parent and my solicitor told me like this home office will refuse your application and could say leave uk and contact your son via electronic media ike skype.or its goes to appeal and maybe judicial review.


i will be happy if you reply for this question please .
thanks in advance

I think u didn't read this properly in Obie's reply

On the basis of the child as his right is linked to that of the British Child

[waqasaliraja1]

hi
I did apply for Flr(fp) as a parent . my application is been refused because home office said i have done toiec in past and that was bad quality .but my question is i did sat in toiec test but after few days its was in the news that toiec is no longer accepted by home office so i did Pearson test of English and send perason to the home office I never even collected my toiec result for test center and i never knew what happened to toiec because test center was closed.so in that sence i never use it get visa from home office so why they pick this up now. my student visa was expire in 09 may 2014 and i send extension on 09th may to home office but it was refused because college was closed by home office and they gave me right to appeal and i did appeal that i won on 12 December 2014 and judge said to me home office will send me 60 days letter to find another college i wait for that letter up till September 2015 then i applied foe flr(fp) as a parent because i have 8 months old baby and my baby is got discretionary leave beacuse his mother have same.so i applied Flr (fp ) as parent but they refused they said in descion letter they never even consider my application because of toiec issue but they gave right to appeal.i don't what going to be happen in court now .what chance i have and what should i do i cannot leave my baby like this here in uk. any advise for me i will be very thankful to you .
regards