vick wrote:she is british asian . I dont want to lose my child what option is availlable for me to get sorted my stay here
please help I am desperate
The first thing you need to do is to apply to the courts for an access order to your child (your immigration history doesn't matter).
Once you are granted access by the family court, you can make an application to the home office under article 8 Human rights claiming that you wish to exercise your access rights to your child. However, this is likely to take long and might result in refusal in the end as the Home office will advise you to return to your home country and make the application from there.
My personal advise is to get the contact order asap before the end of September and return to your home country to make an application under paragraph 246:
Requirements for leave to enter the United Kingdom as a person exercising rights of access to a child resident in the United Kingdom
246. The requirements to be met by a person seeking leave to enter the United Kingdom to exercise access rights to a child resident in the United Kingdom are that:
(i) the applicant is the parent of a child who is resident in the United Kingdom; and
(ii) the parent or carer with whom the child permanently resides is resident in the United Kingdom; and
(iii) the applicant produces evidence that he has access rights to the child in the form of:
(a) a Residence Order or a Contact Order granted by a Court in the United Kingdom; or
(b) a certificate issued by a district judge confirming the applicant's intention to maintain contact with the child; and
(iv) the applicant intends to take an active role in the child's upbringing; and
(v) the child is under the age of 18; and
(vi) 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
(vii) the applicant will be able to maintain himself and any dependants adequately without recourse to public funds; and
(viii) the applicant holds a valid United Kingdom entry clearance for entry in this capacity.
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This is a far quicker route and so long you meet the requirements, I don't foresee any problems.
Good luck.
