Married to BC, problems, kids

[Motherworld]

Hello everyone I'm a new member, I'm really depressed and my friend directed me here for help and advice from all of you, my life story may be suprising to some of you but please try to understand that some time bad condition can make someone act stupidly, here is my hestory please it's a bit long take ur time to read carefully and understand it and give ur opinion what to do next, please feel free to ask any questions,

I come to uk with my one year old baby in an illegal entry since December 2006, immediately when I come i meet my baby father here unfortunately he was already in a relationship with another girl but I still go on having a secret affair with him because of our baby and the love I have for him, but after few months I stop I couldn't cary on because of his relationship with other girl and they were both married and living together, then after that I went into a relationship with another person who was after me for some time, one month later I get pregnant then I move into my new boyfriend house,

in 2008 we got married before i give birth after our marriage in 2008 my husband made application to home office for me to be legally because he is an eea national, then in November 2008 I give birth to my my second baby, two months later my husband lost his job because of the uk recession in 2008/2009 by that time my application was still in the home office for 9months, so my husband could not find any other employment we could not even afford to pay our rent for two months and he couldn't claim housing benefit because of my application in home office so we closed our house and move to let a room,

in ealy 2009 my husband decided to go to London to find a job because his friends said to him it's easy to find a job in London, we both agreed that when he find a job there all of us will move there but unfortunately he didn't keep to his promise, after waiting for him for 1to3 months he started saying deffrend story storys here and there not known that he was living with his ex girlfriend in London and stated claiming all the benefits over there and he abandoned me and his baby for 4 months,

I find it difficult to pay for rent and food then I give my first child to his father who live in the same area as me and because I couldn't care for both of them but we had an agreement that I will be coming every weekend to see my child at that time my kid was already 3 years old then the new baby was 1year old, so luckily after six months since my husband left my 5years RC was granted in november2009 after waiting for 13 months

luckily they didn't ask for any additional documents, then I need to apply for Ni number banks account so that I can start looking for a job unfortunately the owner of the house I rented a room from did not allowed me to use the adress for any of my name because of some reason i don't know then I went on to ask my first child dad wether he would allowed me to use their address then he accepted because of our child, after all that I started looking for job,

for all this while my husband didn't even care to ask of me and his baby, so in January 2010 my god punished him he was arrested because he collected money from someone to be his dependant in london and he was jailed for 6 months, After all I started having a secret affair with my first child dad i have chose because he was also carering for me at that deficult time and I don't want to go into any other relationship with another wrong person again I wanted to take my time for the right man but unfortunately I got pregnant for my first child dad but he didn't accept pregnancy because of his wife but I want it and I insisted to keep the pregnancy after alot of desagreemet we both finaly decided to keep the pregnancy but I promise him to keep it secret to his wife because of my child who was living with them and she has also find it difficult to get pregnant since they got married,

so after six months my husband was released from jail then I told him I was in 5months pregnant for someone else then he went on to filled in divorce on the basis of adultery I refuse to sign the petition because of that the divorce was pending, so in January 2011 I give birth so my first child and the last is now the same father while the second one is for my husband,

there was a day in 2012 I went to visit my first child in his dad house but his wife travel police just come in to arrest his brother because he had an accident and drove off without stopping and the car was registered with my kids father name that's the reason why they come in unfortunately they arrested both of us because they ask me wether I live in the adress I have to say yes because my name was still registered at the address at that time,

While in police interview I was told that my immigration Status is not real because my marriage with my husband is not genuine the reason is because he collected money from someone to be his dependant and he was sent to jail, and they claim that the man they arrested me with is my real Patner not the one i was married to, so I try to explain how everything happens but they refuse to believe me, soon after they arrested the main suspect they were looking for i was release without any problems,

soon after I call my husband to accept the divorce petition then I finally rented a full apartment so I directed all my letter from my baby father house, divorce finalised in 2015 so I went to a solicitor to get an advice on what application will be sortable for me but I was told that 7years conception is the only way for me because the child I have for my ex is now 7years and I couldn not apply for a retained right even if my child is eea national,

so in September 2015 7years conception application with both my 3children sent, October 2015 receive biometric letter payment not taken yet, I did it straight away, so in January 2016 I receive a letter requesting my child and his father who is my ex husband to do DNA test to prove is the biological father payment still not taken yet, so we went for the the DNA test and the bad suprised news is that the test come back with negative results that my ex husband is not the biological father of my child,

so my solicitor advice me to also test the father of my other two children because he was the only man i slept with before I meet my ex husband, and my solicitor also said if the test come positive my application may be refused and my child would lose his eu nationality and may not even have right to stay in the country, I'm really depress and wory I need ur help and advice on what to do now I'm confused.

Thanks for ur opinions

[noajthan]

This post has been moved into its own thread to avoid jumbling & confusion with any previous post.

Note It is also incredibly hard to read & understand due to lack of formatting.

I have tried to rearrange your original post so that members can respond more easily (if they wish to).

- Board Moderator

[noajthan]

Questions:
what is your nationality?
do you have any official papers/identity documents/passport?
what is your official immigration status at the moment?
have you worked whilst you have been in UK?
&
what is it you want to achieve here, what is your goal?

[Motherworld]

Questions:
what is your nationality?
do you have any official papers/identity documents/passport?
what is your official immigration status at the moment?
have you worked whilst you have been in UK?
&
what is it you want to achieve here, what is your goal?

@noajthan thanks very much for ur help and reply, god bless you

Am from Ghana, I was issued with 5years eea rc as a family member of eu national from January2010 to January 2015 base on my marriage to my ex husband,

yes I've been working since 2012 until December 2015, so in September 2015 I apply for 7years conception application with my 7years old child, October 2015 i receive biometric letter payment not taken yet I did it straight away, so in January 2016 I receive another letter requesting my child and his father who is my ex husband to do DNA test to prove is the biological father but payment was still not taken at this time,

so call my ex husband to inform him about it and he accepted to go for the the DNA test and the bad suprised news is that the test come back with negative results that my ex eu national husband is not the biological father of my child, so my solicitor advice me to also test the father of my other two children because he was the only man i slept with immediately before I meet my ex husband, and my solicitor also said if the test come positive my application may be refused and my child would lose his eu nationality and, the home office may not even consider my 7years conception application again and, I may not have other right to stay in the country, my question now is that If go ahead and test the other of my 2kids father and the DNA test come positive, can the home office still consider my application base on 7years conception or not, I'm really depress and wory I need ur help and advice on what to do now next I'm confused.

[noajthan]

@noajthan thanks very much for ur help and reply, god bless you

Am from Ghana, I was issued with 5years eea rc as a family member of eu national from January2010 to January 2015 base on my marriage to my ex husband,

yes I've been working since 2012 until December 2015, so in September 2015 I apply for 7years conception application with my 7years old child, October 2015 i receive biometric letter payment not taken yet I did it straight away, so in January 2016 I receive another letter requesting my child and his father who is my ex husband to do DNA test to prove is the biological father but payment was still not taken at this time,

so call my ex husband to inform him about it and he accepted to go for the the DNA test and the bad suprised news is that the test come back with negative results that my ex eu national husband is not the biological father of my child, so my solicitor advice me to also test the father of my other two children because he was the only man i slept with immediately before I meet my ex husband, and my solicitor also said if the test come positive my application may be refused and my child would lose his eu nationality and, the home office may not even consider my 7years conception application again and, I may not have other right to stay in the country, my question now is that If go ahead and test the other of my 2kids father and the DNA test come positive, can the home office still consider my application base on 7years conception or not, I'm really depress and wory I need ur help and advice on what to do now next I'm confused.

It is a little hard to extract the key facts from your narrative.

The fact seems to be you do have one or more children.
One or more born in UK.
So you clearly need to be sure of the father/s - I mean in immigration terms.

Once father/s are identified you need to look at their nationality & immigration status.
For example, are they from EU or not?
Are they named on birth certificates? (I assume probably not).
How much access/contact do they have with respective children?

My understanding is there is no 7 year rule as such anymore, it is transposed or amalgamated into other immigration legislation.

Anyway, suggest when you are posting it will help if you can put your key points & timeline into bullet points (line by line).
You will have more chance of responses from busy members if they can quickly understand your case.

[cyborg001]

Jeezuss!! This is one for those day time Jeremy Kyle shows. The stereotypes are strong in this one: multiple partners, unknown paternal identity, family desertion, police arrests, bad driving etc. etc. haha!

As someone who has had to play by the rules and go through the tough hurdles of UK visas I find it very hard to sympathise with people who come here illegally and then find themselves on the wrong side of the law and reliant on state support. Shameful and not fair to the rest of us! Come onnn!!

Anyway, rant over! pffff

[Casa]

Jeezuss!! This is one for those day time Jeremy Kyle shows. The stereotypes are strong in this one: multiple partners, unknown paternal identity, family desertion, police arrests, bad driving etc. etc. haha!

As someone who has had to play by the rules and go through the tough hurdles of UK visas I find it very hard to sympathise with people who come here illegally and then find themselves on the wrong side of the law and reliant on state support. Shameful and not fair to the rest of us! Come onnn!!

Anyway, rant over! pffff

But we still need to treat them with basic respect.

[noajthan]

Jeezuss!!

...

Anyway, rant over! pffff

We host a broad church here.

[Motherworld]

@noajthan thanks very much for ur help and reply, god bless you

Am from Ghana, I was issued with 5years eea rc as a family member of eu national from January2010 to January 2015 base on my marriage to my ex husband,

yes I've been working since 2012 until December 2015, so in September 2015 I apply for 7years conception application with my 7years old child, October 2015 i receive biometric letter payment not taken yet I did it straight away, so in January 2016 I receive another letter requesting my child and his father who is my ex husband to do DNA test to prove is the biological father but payment was still not taken at this time,

so call my ex husband to inform him about it and he accepted to go for the the DNA test and the bad suprised news is that the test come back with negative results that my ex eu national husband is not the biological father of my child, so my solicitor advice me to also test the father of my other two children because he was the only man i slept with immediately before I meet my ex husband, and my solicitor also said if the test come positive my application may be refused and my child would lose his eu nationality and, the home office may not even consider my 7years conception application again and, I may not have other right to stay in the country, my question now is that If go ahead and test the other of my 2kids father and the DNA test come positive, can the home office still consider my application base on 7years conception or not, I'm really depress and wory I need ur help and advice on what to do now next I'm confused.

It is a little hard to extract the key facts from your narrative.

The fact seems to be you do have one or more children.
One or more born in UK.
So you clearly need to be sure of the father/s - I mean in immigration terms.

Once father/s are identified you need to look at their nationality & immigration status.
For example, are they from EU or not?
Are they named on birth certificates? (I assume probably not).
How much access/contact do they have with respective children?

My understanding is there is no 7 year rule as such anymore, it is transposed or amalgamated into other immigration legislation.

Anyway, suggest when you are posting it will help if you can put your key points & timeline into bullet points (line by line).
You will have more chance of responses from busy members if they can quickly understand your case.

@casa thanks for your reply.


I have three children, the first one were born in my country Ghana we both come to uk together when he was one year old, while the other two of my children were born in uk, their ( age is 10, 8, 5, years) the first child and the third child is from the same father who is also Ghanaian national, his immigration status is also pending, base on dependant to his wife,

The second child is from my ex husband who is a Ghanaian/ eu national, but DNA test proved is not the biological father, after the home office requested DNA test in support of my 7years conception application but I'm still yet to notify the home office about the results because I want to establish the real father first,

My question now is that, once I notify the home office about the results of the DNA test that my ex husband not the father of my child, are they still gonna consider my application or they would refuse the application, for example if they refuse what are my chances and bases to Reaply.

[physicskate]

Ok a few thoughts:

1.) If your child is proven to be a non-EU citizen (ie not having an EU father), then this means you may have to prove why it would be insurmountable to take the children (who have been here for more than 7 years) back to Ghana.

2.) The original fellow, surely he would at least have ILR and surely could naturalise after 9 years as the partner of someone else (back then it was a two year path). If he became British and had an ongoing relationship with any of his biological children, surely you could have a successful FLR(FP) based on his access to his children?? But then again, maybe not, I am not expert on these matters.

3.) Why could you not go back to Ghana?

4.) I think that trying to argue EU family, if the child is proven to not be an EU citizen, is a non-starter as you were separated from your EU husband a short time after marriage... (could be argued it was a sham marriage, especially as your ex-husband was convicted of trying to engage in some sort of immigration sham). This separation also effectively nullified your rights based on that non-relationship before the expiry of your EU family permit.

5.) This was asked before, but what are you wanting to happen?

Sorry if this does not appear that helpful!

[Motherworld]

Ok a few thoughts:

1.) If your child is proven to be a non-EU citizen (ie not having an EU father), then this means you may have to prove why it would be insurmountable to take the children (who have been here for more than 7 years) back to Ghana.

2.) The original fellow, surely he would at least have ILR and surely could naturalise after 9 years as the partner of someone else (back then it was a two year path). If he became British and had an ongoing relationship with any of his biological children, surely you could have a successful FLR(FP) based on his access to his children?? But then again, maybe not, I am not expert on these matters.

3.) Why could you not go back to Ghana?

4.) I think that trying to argue EU family, if the child is proven to not be an EU citizen, is a non-starter as you were separated from your EU husband a short time after marriage... (could be argued it was a sham marriage, especially as your ex-husband was convicted of trying to engage in some sort of immigration sham). This separation also effectively nullified your rights based on that non-relationship before the expiry of your EU family permit.

5.) This was asked before, but what are you wanting to happen?

Sorry if this does not appear that helpful!

Thanks very much for understanding my post.

Another question is that as the DNA test has proved that my ex husband is not the biological father of my second child, should I send the test results to home office now or should i test the other of my children father first to know who the real father is before I notify them, ur advice would be appreciated.

Thanks again.