BOYFRIEND IS MY TWINS FATHER BUT ON STUDENT VISA

[stellabella99]

Hi I am wondering if there is anything we can do.

My boyfriend and I recently had twins, we have only been living together for about a year and his student Visa is due to expire in 3 months.

He cannot get Leave to remain as a Parent Excercising Right of Access to Child because he cannot switch from a student visa.

In order for him to get Leave to Enter in this same catgeory he has to go back to India.

To be honest I don't know how I'll manage, I have 2 babies and I rely on his income and support to survive. Is there anything we can do?

Also if we have to go down this route, what documents would he need to take back to India for Leave to Enter in this category?

Regards

[Wanderer]

Hi I am wondering if there is anything we can do.

My boyfriend and I recently had twins, we have only been living together for about a year and his student Visa is due to expire in 3 months.

He cannot get Leave to remain as a Parent Excercising Right of Access to Child because he cannot switch from a student visa.

In order for him to get Leave to Enter in this same catgeory he has to go back to India.

To be honest I don't know how I'll manage, I have 2 babies and I rely on his income and support to survive. Is there anything we can do?

Also if we have to go down this route, what documents would he need to take back to India for Leave to Enter in this category?

Regards

That visa is for those holding contact orders etc - sounds like ur still together and not estranged so I feel the appropriate visa is a spousal one if he can't extend his student visa.

So;

1. Apply for CoA (free)

2. Marry

3. Apply in-country on form FLR(M).

Potential flies in the ointment are

1. Might not be enough time to get the CoA

2. If he's overworked his 20 hours as a student that could cause problems for an in-country switch.

[stellabella99]

Hi thanks.

We are not ready to get married just yet.

He has finished his actual studies so he's alowed to work more than 20 hours.

I guess what I'm confused about is that an estranged man can get a visa for access but a man in a relationship (less than 2 years) can't unless he marries.

Doesn't make sense to me.

[Wanderer]

Hi thanks.

We are not ready to get married just yet.

He has finished his actual studies so he's alowed to work more than 20 hours.

I guess what I'm confused about is that an estranged man can get a visa for access but a man in a relationship (less than 2 years) can't unless he marries.

Doesn't make sense to me.

But ur ready to have kids together, hmmm...

Doesn't make sense to me I'm afraid...

Anyway, them's yer choices.

[stellabella99]

You sound like Jeremy Kyle.

Actually, not a fan of marriage, seen too many end in disaster.

Thanks for that though, at least I know what's what.

[Wanderer]

You sound like Jeremy Kyle.

Actually, not a fan of marriage, seen too many end in disaster.

Thanks for that though, at least I know what's what.

Actually I was thinking Jeremy Kyle too, possibly from a different aspect than yours.....

Anyway, not being a fan of marriage is not a luxury you have, immigration laws are tight, u need to show some form of commitment, unfortunately u do not qualify for the unmarried partner visa, and unless ur partner can extend his student visa the only alternative is marriage or go to live in India with him. Article 8 of the HRA won't apply here so forget that.

[bobbysatya4u]

Actually I was thinking Jeremy Kyle too, possibly from a different aspect than yours

.....

Hi wonderer
u more likely remind me Simon Cowell.lol.I think u r right there and i do appreciate ur help on this forum .Thanks mate
No offence to stellabella.wish u all d best

[ElenaW]

lol Bobby I agree with you. Wanderer you're totally helpful but realistic at the same time which is great.

[stellabella99]

No offence, quite funny. You always get one on these forums. With knowledge comes power, so I'll take the cheek (it's a small price to pay to get answers to my questions).

Anyhow, will probably go for Tier 1, just waiting for his results. Gives us time to think about marriage, he he.

Many thanks.

[meats]

He has finished his actual studies so he's alowed to work more than 20 hours.

Has he officially finished his studies or he's just handed in his dissertation/thesis? There's a difference between the 2, if he's just handed in his dissertation then he might not be allowed to work full time as his studies are still officially ongoing.

[stellabella99]

To Meats

He's officially finished now, but he's been working more than 20 hours since his lectures stopped and also during holidays, I did check a while ago and I'm fairly certain that's OK. Or have I got it wrong?

[meats]

To Meats

He's officially finished now, but he's been working more than 20 hours since his lectures stopped and also during holidays, I did check a while ago and I'm fairly certain that's OK. Or have I got it wrong?

He can work more than 20 hours during holidays but not during term time. You will need to see when his terms start and finish to confirm it and the date that is course officially finished. His lectures might've finished on say 1 October but his course didn't finish until say 30 October. If he worked more than 20 hours a week during that time then he might be in trouble.

[stellabella99]

Just checked with him, its OK - it worked out as you described. phew. best to check though.