FLR (FP) Advice needed !!

[chapelle]

Dear All,

Your candid advise is needed please...

I have recently applied for a 5 yr parent route on the basis of my 5 month old British daughter and my Bio metric record has been taken as well. My name is on her birth certificate.
However I am still on a Tier 2 general visa valid until December 2017 but my employer has not informed the HO about the termination of my employment which took place since October 2016. Up until this moment I had not received any curtailment letter from the HO about my Tier 2 visa, therefore I could imagine that my visa is still valid

My History

Arrived the UK on a tier 4 visa in October 2013
Migrated unto the Tier 2 General Visa since Jan 2015 till date

Questions

1. Will I be considered as an over-stayer since I did not personally inform the HO of my premature job termination

2. Is there a possibility that I could be refused a 5yr route and still be granted a 10 yr route based on the question above?

3. My occupation is on Oil and Gas industry, and I am considering working overseas if there is an opportunity. Are there guide rules that specifies how long I should be outside the UK if eventually I am granted this leave to remain and looking forward for extension too ?

Warm Regards

Chapelle

[CR001]

Are you still in a relationship with your child's mother? Do you live together?

[chapelle]

Hi CR001

Thanks for your prompt reply.

I am not in a relationship with the child's mother neither do we live together

Warm regards

Chapelle

[chapelle]

Hi CR001,

I am not sure if my answer on the trail above is clear enough to provide some advice on my query. please let me know what you think as i know you are very busy trying to help us in the best way you can

Thanks

[CR001]

It is not your responsibility to inform HO that your Tier 2 G job has ended. Your sponsor was obliged to do this within 10 days of you leaving. I hope you did not ask them NOT to tell HO.

Yes, you could be given the 10 year parent route instead of the 5 year route. It all depends on what documents you submitted and whether you meet the requirements.

If you were not married to the child's mother, HO might ask for DNA proof that she is your daughter.

What official evidence of your role in your daughters life did you submit? Do you have a court issued contact order?

[chapelle]

Thanks CR001,

Yes I did not ask my sponsor not to tell the HO after I was laid off from work. As a matter of fact I did spoke to my sponsor about 2 months later to know if they had informed the HO and they told me its my responsibility to do so and not theirs. So from that time onward I decided to rest my case.

As for the documents put forward with my application , I would think that I may be lucky to scale through on the 5 yr route based on my payslips ending Oct. 2016 and my UK MSc qualification as per the eligibility requirement laid out by the HO. If not, then i will gladly accept the 10 yr route.

For DNA proof,I did not submit the one I had but I can get that sorted again if requested.
On this note: Will the HO accept a DNA result from one of their listed recognized DNA providers, if the thesame Child's first and Last names were different from the one in the actual birth certificate? Reason I had a big hell of a trouble dealing with this when the mum initially told me that the child is not mine and named her with a different first and last name, but we both got it changed after the DNA results prove that she is mine. Then after we have to re-register the child on a new name as is it on the birth certificate that was submitted to the HO. what do you think I should do in this regard, I know it sounds awkward to hear of some strange happenings.

The only evidence of my role on my daughters life that i submitted were bunch of pictures with her which proves my continue free access to her, a supporting letter from the Mum and a good number of receipts for petrol showing how frequently I visit and buy items and stuffs for my baby. I also sent my bank statement of showing evidence of child support being rendered

However, I am in the process of arranging for a 'Shared custody aggrement" with the mum through a family solicitor which will be signed off soon. Please do you think that this is an officially binding document to rely on as well?

Thanks

[CR001]

How are you supporting yourself financially at present?

[chapelle]

I am living on a personal loan i had from the bank

Cheers

[chapelle]

Hi CR001,
I really do appreciate your concern about my query......
Please kindly remember me when you can..

If any one else in this formidable forum has any advice to offer , please feel free to offer it as it may help to relief CR001 off some pressure

Cheers

[chapelle]

Dear All,

Questions

3. My occupation is on Oil and Gas industry, and I am considering working overseas if there is an opportunity. Are there guide rules that specifies how long I should be outside the UK if eventually I am granted this leave to remain and looking forward for extension too ?

Please do I have to do another DNA test in readiness just incase the HO request for it?

Please moderators I do really need your advises please

Warm regards

Chapelle

[CR001]

All you can do at this stage is wait for the outcome of your application or for HO to write to you if they require anything else.

[chapelle]

Thanks CR001

I am sorry to be a pain , maybe i was just being too anxious. I am at ease now with your comment, it goes to show that I am on the right track. Thanks very much.

[chapelle]

Hello CR001 & Casa,

I read through a thread on which you commented on today as per below:

Thats a quick reply for your acknowledgement letter, if i may ask what sort acknowledgment letter did you get? Was it the ECHR? european convection human right??

Although I am still waiting on a decision from the HO after sending me an acknowledgement letter which reads : ''.... your application raises issues relating to the ECHR which are complex in nature. As such,, it falls outside our Norman service standard for deciding leave to remain applications. Please be assured that we will make a decision on your case as quickly as possible..''

On this noted, are there anything missing in my application that grouped it as a complex one that falls outside UK immigration rules? or is this just a generic response for such FLR(FP) with right to EX.1 (Exceptions) made on a parent route based on a british child?

Thanks in anticipation to your response

[CR001]

It is a standard letter, many applicants for various visas within the UK get it. Means your application will take longer than normal.

[chapelle]

Ok , thanks very much...

[chapelle]

Hello CR001,

Its been a while though. I hope you are doing fine.

I checked today on the UKVI visa application online status, it was awaiting a decision since may 25th but updated as same awaiting a decision yesterday September 11th.
Question: My solicited did tell me that if a FLP FP app processing time exceeds 5 months the it is likely not to be approved as 5 yr parent route. please do you think this is quite common ?

Thanks