Question about para 248A Immigration Rules, HELP PLEASE !

[SAA]

Hi guys !

I have a question on wich I have not got an answer so far.

I am going to apply for a visa under para 248 A of the Immigration Rules 'The requirements to be met by a person seeking leave to remain in the United Kingdom to exercise access rights to a child resident in the United Kingdom are that:
...

(ix) there will be adequate accommodation for the applicant and any dependants without recourse to public funds in accommodation which the applicant owns or occupies exclusively; and

(x) the applicant will be able to maintain himself and any dependants adequately without recourse to public funds'.



My marriage is breaking down. I am currently on a 2 year probation period under para 284 of the Immigration Rules. My baby is 12 months. She requires my help and support and I am not willing to let anybody look after her due to her young age. Hence I am not able to work so that I can support myself (I do not have my family who I would trust to leave my baby with).

Is it possible under this rule to have a sponsor who can show he is able to support my baby and me and give us an accommodation? Won't I remain in breach of the immigration law wich states 'the applicant will be able to maintain himself and any dependants adequqtely' if I provide fanacial documents of my sponsor (my friend's help in my case)?!

Any advice and assistance will be very helpful and appreciated !

[vinny]

There shouldn't be any problems with your friend's accommodation (9.9) support, provided you have at least one bedroom for you and your baby's exclusive use and the accommodation will not be overcrowded (9.12).

However, I'm not certain if your friend may help maintain you and your baby, in place of your husband. Your husband should be providing the financial support, perhaps via the child support agency.

You could ask magata about his friend's related successful application.

See also Birth to five: 2007 edition.

[SAA]

Thanks Vinny !