british child!!!

[k4iser]

Hello, this is regarding my friend she is in pakistan , il do it in points so its easy to follow,

* mother non british citizen
* was on spouse visa/ it was curtailed (divorce proceedngs started).
* she made claim for asylum alleging she fears her father in her home country
* asylum claim refused and appeal refused

* she has child
* father files for custody
* mother takes child from uk to to home country fearing she will lose case.

* courts have requested mother to apply for visa,
* visa refused and then granted on appeal.

* father has waited 7 months for child and cannot afford to continue with case and has withdrawn


Questions

mother is on the way to uk with child
and will be granted sole custody of child
once in uk, can she apply to stay on compassionate grounds.

using child as british citizen.

father has refused to comply and does not want contact.

what are her chances of getting indefinite.


what view will home office have on this case.

[Wanderer]

If father is not interested then she and child cannot stay, simple as, there is no connection to the UK for the mother and child.

[geriatrix]

Also, what prevents the mother from returning to home country with the child and live there? Asylum application on the ground that her life may be in danger in home country has already been refused and the appeal also dismissed.



regards

[k4iser]

Also, what prevents the mother from returning to home country with the child and live there? Asylum application on the ground that her life may be in danger in home country has already been refused and the appeal also dismissed.



regards

guys do you know of previous similar cases and results

she said that because she has sole custody of the child and father not interested, its against the human rights of the child to deprive him of life in the uk, and she is attempting to use court orders to that affect that child cannot be removed from uk, hence mother should get discretionary leave.

[geriatrix]

Sole custody, if granted to mother, makes the question "access to child visa" seems irrelevant as mother is now singularly responsible for the child.

As asked before, what prevents the child from living in mother's home country, even if the child is British citizen but has no relation to the UK (in absence of father's willingness to maintain relationship with the child or seek access to child).

IMHO, deprivation of (child's) family life in the UK may be hard to prove when the British father doesn't want any access to the child and the mother, who now has full custody of child, has no right to remain in the UK.


You may want to consult a competent immigration solicitor for expert legal advice in the matter.

regards

[alikhan28]

Hi

hi, my friend is coming to the uk on a visit visa,

she has a british child.

she has gained full custody of child and wants to live in the uk
now with child.

can she apply for a child access visa outside the rules,

and does the father have to maintain contact for with child for application
to be successful.

Access to child visa is difficult in this case but application on human right article 8 can be an option and more reasonable.I accept it would be difficult and complex.

Regard

Ali

[k4iser]

guys do you think, mother can argue child has better life in uk, including

standard of living, quality of life, education, welfare.

or are these arguements not viable.

[alikhan28]

guys do you think, mother can argue child has better life in uk, including

standard of living, quality of life, education, welfare.

or are these arguements not viable.

I have given you a good option.Get a residence order that child would reside in UK.It would add some weight and force home office to think.Court orders has value.

Ali

[Wanderer]

guys do you think, mother can argue child has better life in uk, including

standard of living, quality of life, education, welfare.

Half the world could argue that, it's a ridiculous statement.

[alikhan28]

guys do you think, mother can argue child has better life in uk, including

standard of living, quality of life, education, welfare.

Half the world could argue that, it's a ridiculous statement.

Indeed ridiculous statement

Ali

[parvus1202]

Child could be both British and Pakistani. And since mother is living in Pakistan then child could live with her until adulthood and can decide where the child wants to live.

[Monifé]

Move to Ireland and use the childs British passport (if not gotten, then get it) and make an EU treaty rights application.

[vinny]

See also Non-EEA relatives of EEA minor children ('Chen' cases)

[Marco 72]

Move to Ireland and use the childs British passport (if not gotten, then get it) and make an EU treaty rights application.

Wouldn't the child need to exercise treaty rights?

[Monifé]

Move to Ireland and use the childs British passport (if not gotten, then get it) and make an EU treaty rights application.

Wouldn't the child need to exercise treaty rights?

See the Chen case as Vinny pointed out. The child would be classed as self-sufficient on the basis of the parents earnings and savings. Or if the child is of school age, if the family gets medical insurance cover the child would be under the student category.