FLR(FP) problem - new family

[Obie]

What is the immigration status of new family.


It appears that Home Office is seeking to curtail your leave.

If you don't have money for C100, you could have filled EX160 and once you get an acknowledgement send it to home office .

My take on this, is that you do not have much interest in this child, it was the Home Office decision to curtail that resulted in your artificially ta king this step.

I have come accross 3 cases in the lat year where a vindictive ex sought to report the father, but that attempt failed as evidence was provider to dispute this, as the fathers had taken steps beforw home office wrote to them.

[Reus]

hi williamsburg,
in my opinion including the new family will not make any difference unless you're telling home office u want to vary your application which in that case would need a new applcation. Remember your new family cannot in any way secure your stay here as u do not meet the 2 year requirement for partners application and you're not claiming a parent visa with your new child because ur in a genuine relationship with the mother. just work on what they require and you should be ok.
Also im experiencing the same as u atm, as my ex partner refused me to see my son recently. so im looking to start the process for mediation and court order.
How long did ur process take?

[Reus]

hi obie, please
supposing u get to mediation and everything is sorted out regarding arrangements towards the child,
1.im guessing u get a legal copy of the arrangements from the mediator and
2. if u do get a legal copy is this enough to send to home office as evidence of contact to ur son as clearly u did not need to get to the court stage. After all thats what mediation is for, reducing amout of ppl getting to court and trying to mk parents sort things out by themselves right

[Williamsburg]

Thanks everyone for the reply
@obie.. yes I am interested in the child because she stopped me June.. I have been to the mediation 11 August .. received letter from home office 9th of September .. posted through my c100 yesterday .. I would say I was abit slow doing that.. just financially ish.. I know home office won't want to hear that scrap.
@Reus.. it's a new requirement to go through the mediation,and she doesn't have to come if she doesn't want to (just like my ex) cost whooping £90! If mediation breaks down due to her not going then you will have to apply to court £215..
Mine is just been spiteful because of my new baby.. called the home office and told them relationship broken down and I don't see my son on which I do.. I have been apply to gather reasonable evidence showing I do see him and I support him.. I just hope they grant me more time as my c100 form in court already.. fingers absolutely crossed!!

[Obie]

hi obie, please
supposing u get to mediation and everything is sorted out regarding arrangements towards the child,
1.im guessing u get a legal copy of the arrangements from the mediator and
2. if u do get a legal copy is this enough to send to home office as evidence of contact to ur son as clearly u did not need to get to the court stage. After all thats what mediation is for, reducing amout of ppl getting to court and trying to mk parents sort things out by themselves right

Getting a child arrangement order is not sufficient, you are required to demonstrate that you are taking an active role in the life of your child and intend to continue doing so.

[Reus]

hi obie, thanks for your reply.
Yes ido meet all other requirements in that regard except fact thhat ineed a contact order.
But my actual question was that if we dont get to a court stage and settle things at mediation stage can i use any legal forms from there to prove my contact to my son? thanks

[Casa]

hi obie, thanks for your reply.
Yes ido meet all other requirements in that regard except fact thhat ineed a contact order.
But my actual question was that if we dont get to a court stage and settle things at mediation stage can i use any legal forms from there to prove my contact to my son? thanks

@Reus This is Williamsburg's thread and you are confusing matters by posting your own case here. This isn't a general discussion thread on FLR(FP). Please leave Obie to advise the OP and open your own topic for advice.

[Obie]

I apologise Casa. I really should not have indulged OP with his questioning. I thought the probe was in regards to OP. Trying to establish fact that may be relevant to OP case.

Now it appears to be an hijack which is not permitted.

[Casa]

I apologise Casa. I really should not have indulged OP with his questioning. I thought the probe was in regards to OP. Trying to establish fact that may be relevant to OP case.

Now it appears to be an hijack which is not permitted.

Understandable. I was also confused Obie.

[Reus]

it wasnt a hijack plus iasked same questions in my thread and for some reason dint get any response but getting them on here so thats a bit weird to begin with..
Also most importantly im asking questions on this thread because williamsburg and i have the same issue going and ifort some questions could answer his too.
Sorry and il leave his thread now. obie & casa.

[Williamsburg]

Hi everyone,
Reus we could share the thread as we have similar suituation thats if Casa accepts that as I dont mind tbh.
also if you going for a contact order i wil advise you to act fast before she calls the home office and fill them up with lies because curtailment will considered.(check curtailment of leave).
also I have been to a solicitor to check all the letters I have drafted,to my suprise she have told me to include my new family and Daughter as well. also I should state clearly that my intentions are also with my son and give evidence of all the family proceedings (mediation,court,etc) I am following.
what do you guys think? I plans replying HOME OFFICE on Monday.
Dont keep quiet @casa say something as well lol
what do you think guys?..

[Williamsburg]

??

[Williamsburg]

And. . MY VISA HAVE BEEN CURTAILED!
Was curtailed on the 11th of September.
Received my court order on the 11 of September as well.
I was told to reapply with 60 days or leave the country.
My question is..
1. I have told me ex about the decision made by the home office and she's been crying her eyes out saying she want to write a letter back to them (because she obviously lied about me not seeing my son after the relationship breakdown) . Does it matter? I dont think it will help,do you?

2. Will I qualify to applying for another FLR FP as I have a new relationship and my daughter is british as well. Also my son who I have a court order for is british and my new partner is also pregnant again.

3. What if I overstayed that 60 days and then apply will I be automatically regretted.

Thanks

[Obie]

60 days from September 11 has elapsed.

The curtailment should come with a right of appeal, did it not?

[kamsi]

Mine was curtailed without right of appeal and I was given 2.5 months to either reapply or leave the country. I reapplied a few days before the leave expired (that's before the end of the 2.5 months given by the Home Office.

Reapply and because of the court order and your new relationship you should be granted leave to remain. Even if the Home Office does not, you should win an appeal at the courts.

[Obie]

Unfortunately in few days time, appeal rights will be gone for good, within the UK I mean.

To curtail a visa with first informing a person of your intention to do so, seems unlawful to me. In any event since curtailment is an immigration decision which will engage convention rights, I believe it will be unlawful to curtail a visa without a right of appeal.
So in OP's case, Home office appeared to habe erred in 2 respect. This is , if he was in addition to the curtailment, not given a right if appeal.

[kamsi]

Obie, would it be right to assume that applications submitted before 1st December 2016 when in-country appeal will be stopped would be given in-country right of appeal

[Obie]

Obie, would it be right to assume that applications submitted before 1st December 2016 when in-country appeal will be stopped would be given in-country right of appeal

There is no transitional provision in place for applications lodged before.

In terms of JR, the court will refuse JR if a person was given out of country appeal.

[alphagear]

Hi Obie,

Is it possible to contact you via private message?

[Williamsburg]

And. . MY VISA HAVE BEEN CURTAILED!
Was curtailed on the 11th of September.
Received my court order on the 11 of September as well.
I was told to reapply with 60 days or leave the country.
My question is..
1. I have told me ex about the decision made by the home office and she's been crying her eyes out saying she want to write a letter back to them (because she obviously lied about me not seeing my son after the relationship breakdown) . Does it matter? I dont think it will help,do you?

2. Will I qualify to applying for another FLR FP as I have a new relationship and my daughter is british as well. Also my son who I have a court order for is british and my new partner is also pregnant again.

3. What if I overstayed that 60 days and then apply will I be automatically regretted.

Thanks

sorry guys I meant 11 of october not september. same,court order was october my september.if I overstay and apply will my application be regretted automatically? I am struggling to meet up with the fee.. (£2000) all together

[Obie]

Why did you not challenge the curtailment . That seemed the best option to me.

[Williamsburg]

Why did you not challenge the curtailment . That seemed the best option to me.

solicitor told me it wouldnt help. because decision from home office for my visa was :
Granted leave to remain because of my british child 'but' since I was leaving with my ex,then its called 10 year partner route. and now my circumstances have changed he said. I just feel confused tbh

[Obie]

As a matter of law, a distinction does not exist. Lawyer just wanted to make money. If your relationship was spouse that your were granted on, then change of circumstances exist.

There is a gentle man on this forum with similar issues to yours.

Him and wife split up bit they had a child. Wife sought to have his visa curtailed, as he had left herbecause of the abusivery behaviour.

The representation against the curtailment was successful and his visa was reinstated. He even returned back to the UK from overseas holiday. It cost your lawyer very little to challenge the curtailment on Article 8 grounds. I am shocked that he did nothing about it.

[Williamsburg]

can it still be challenged?
its really affecting my family as I am out all day working my mule out and my partner is even pregnant again.

[Williamsburg]

Salute to all the moderators on this sites and every other users.
I just thought I should fill you in with an update to my case and hear some of your opinion.

I have submitted a fresh application as home office requested,did that before my curtailed visa expired
include my :
Court Order for my british son,
Letter from CAFCASS stating I have always been in contact with my son when the relationship broke down between my ex and I,
also told the family court what my ex did (giving false information to the immigration dept.) and its states on my court order that 'Father is granted permission to show immigration authority this court order'
Included about my new relationship
included my new child who is a british citizen as well and we live together
included that we are expecting another baby even
included bank statement to show how I also support my son financially.
witness statement from me.
witness statement from my partner.
witness statement from a solicitor.
also asked if my years can continue instead of them making me start afresh for IDL to remain
I have recieved an acknowledge letter already and done biometric..


who do you all think?

will my Visa be restored?
will i get a new fresh visa?
will i get visa on partner or parent?
will my application not be granted?