Application for leave to remain as mother of a British child

[GodlovesE]

I am a tier 4 visa holder who got pregnant n gave birth to a British child. Can. I apply en parent route as I and baby's father have lived for less than two years

[Casa]

I am a tier 4 visa holder who got pregnant n gave birth to a British child. Can. I apply en parent route as I and baby's father have lived for less than two years

Not if you are living with your child's father. The parent route is for couples who are separated.

Neither will any application stand much chance success if you and your husband have been resident in the UK for less than 2 years. There is no automatic right to remain based on the birth of your child.

How did they qualify for British citizenship

[GodlovesE]

My baby's father is a British citizen and we have planned to get married later.

[GodlovesE]

My solicitor says I qualify for leave to remain based on my British baby so want to be sure

[Casa]

How long have you and your baby's father lived together in a relationship 'akin to marriage', with the documented evidence to support this?

If you don't qualify as Unmarried Partners why don't you marry and switch to FLR(M)?

When does your Tier 4 visa expire? Are you still attending your studies?

You don't qualify for an application under FLR(FP) Parent route. What category of visa is your solicitor suggesting?

[GodlovesE]

Just leave to remain or visa extension

[GodlovesE]

I have also completed my studies and my visa expires next month

[Casa]

There is no 'leave to remain' option as a parent and as it appears your studies have ended, you will be unable to extend your current visa.

As I've already mentioned, you don't qualify for the parent route if you are living with your baby's father and neither will an application succeed under the partner route as you haven't lived together for the required 24 months.

You need to ask your solicitor to be more specific regarding the category of visa they believe you qualify for.

[GodlovesE]

But the rules says u can apply en parent route if u don't qualify as a partner.

[Casa]

From the Immigration Rules Parent Route (parents not living together).
https://www.gov.uk/guidance/immigration ... ly-members

E-LTRPT.2.3. Either-
(a) the applicant must have sole parental responsibility for the child or the child normally lives with the applicant and not their other parent (who is a British Citizen or settled in the UK), and the applicant must not be eligible to apply for leave to remain as a partner under this Appendix; or
(b) the parent or carer with whom the child normally lives must be-
(i) a British Citizen in the UK or settled in the UK;
(ii) not the partner of the applicant (which here includes a person who has been in a relationship with the applicant for less than two years prior to the date of application); and
(iii) the applicant must not be eligible to apply for leave to remain as a partner under this Appendix.
E-LTRPT.2.4.

(a) The applicant must provide evidence that they have either-
(i) sole parental responsibility for the child, or that the child normally lives with them; or
(ii) direct access (in person) to the child, as agreed with the parent or carer with whom the child normally lives or as ordered by a court in the UK; and
(b) The applicant must provide evidence that they are taking, and intend to continue to take, an active role in the child’s upbringing.

[Bradas]

Hi All
I really need your help cz l want to put an application urgently cz am tired of suffering.
I came here on student visa from kenya.Before it ran out l got married to British citizen n applied for spouse visa but solicitor as said my husband can't meet financial requirement in 2015 so we applied using flro form n before decision was made another solicitor varied the form go flrfp n the application was refused in 2016 cz no indomitable obstacles for use living in kenya.
Applied JR it failed at permission stage cz no obstacles to migrate to kenya with my British born husband that was in June 2016.
Since then my husband isn't that much supportive cz am not working.Before I was a career but general am a nurse from kenya so if l could hv finished my registration l can work here as a nurse.
Av overstayed for 2 yrs n l gave birth in July 2017 to British child a boy whose 10weeks old.My husband is really mistreating me n thus time round things become worse l moved out and am living with his parents.l really want to end this nightmare.His patents are ready to help m put an application with a certain solicitor l just need advice to know if l can win my case without appealing cz am really suffering with no status n l don't want to go back to kenya what chances do l hv.To my husband am useless now cz am not working n he threatens m saying he will ring immigration n tell them am an illegal migrant.
I really want to end this once n for all.Pleae l really need advice.
Do l hv a strong case or immigration will say child is young can go to kenya am not living with my husband n he isnt supporting us.My husband's parents are supporting m n l leave with them.
Please advice m cz l wanted to put application end of this week.
I hv applied for the child British passport 2 days ago also.
Please any advice will b appreciated

[Casa]

Hi All
I really need your help cz l want to put an application urgently cz am tired of suffering.
I came here on student visa from kenya.Before it ran out l got married to British citizen n applied for spouse visa but solicitor as said my husband can't meet financial requirement in 2015 so we applied using flro form n before decision was made another solicitor varied the form go flrfp n the application was refused in 2016 cz no indomitable obstacles for use living in kenya.
Applied JR it failed at permission stage cz no obstacles to migrate to kenya with my British born husband that was in June 2016.
Since then my husband isn't that much supportive cz am not working.Before I was a career but general am a nurse from kenya so if l could hv finished my registration l can work here as a nurse.
Av overstayed for 2 yrs n l gave birth in July 2017 to British child a boy whose 10weeks old.My husband is really mistreating me n thus time round things become worse l moved out and am living with his parents.l really want to end this nightmare.His patents are ready to help m put an application with a certain solicitor l just need advice to know if l can win my case without appealing cz am really suffering with no status n l don't want to go back to kenya what chances do l hv.To my husband am useless now cz am not working n he threatens m saying he will ring immigration n tell them am an illegal migrant.
I really want to end this once n for all.Pleae l really need advice.
Do l hv a strong case or immigration will say child is young can go to kenya am not living with my husband n he isnt supporting us.My husband's parents are supporting m n l leave with them.
Please advice m cz l wanted to put application end of this week.
I hv applied for the child British passport 2 days ago also.
Please any advice will b appreciated

Please desist from highjacking other members' threads and posting the same questions multiple times.