Ex facing deportation - Applying for Residence Order for Son

[munhumutapa]

My ex partner is facing deportation and we have a 3 year old son together. I'm on a work permit and have had regular contact with my son who stays with my ex. I'm now married and my wife stays with me. Ex was on student visa that expired and tried to apply for DLR which was rejected without right to appeal. She is facing deportation to Uganda and I would like my son to stay in UK with me so I've applied for a residence order. I've applied for ILR and I'm waiting for decision. Can you please advise me on the status of my son as I can't sleep knowing that he may be placed in detention if she is caught. What can I do????

[Greenie]

What is your nationality? What is your wife's nationality and immigration status? Where was your son born? What is your son's immigration status-have either of you ever made an application for him? On what basis have your applied for ilr?

[munhumutapa]

What is your nationality? What is your wife's nationality and immigration status? Where was your son born? What is your son's immigration status-have either of you ever made an application for him? On what basis have your applied for ilr?

My wife and I are both non UK nationals. None of us (ex and I) have made an application for him but I would like him to become my dependant. ILR applied on basis of work permit (5 years).

[munhumutapa]

What is your nationality? What is your wife's nationality and immigration status? Where was your son born? What is your son's immigration status-have either of you ever made an application for him? On what basis have your applied for ilr?

My wife and I are both non UK nationals. None of us (ex and I) have made an application for him but I would like him to become my dependant. ILR applied on basis of work permit (5 years).

I have parental responsibility as the named father on his birth certificate.

[Greenie]

Assuming your child was born in the UK:

For children born in the UK, immediately after a parent is granted settlement/PR, their child is entitled to register for British citizenship (Section 1(3)), irrespective of child's immigration status.

Perhaps you should work together with your ex to try to secure her own status in the UK. Don't apply for a sole residence order just because your wife is at risk of removal unless you truly believe that you having sole residence is in the child's best interests. If you are granted ILR and your child registers as a British Citizen then your ex would have a strong chance of being granted discretionary leave if both of you have a role in the child's upbringing - e.g. shared residence (which can be 30/70 split) or if one parent has sole residence and the other significant contact.

Your ex could also apply for leave under the rights of access to a child rule although she would have to apply for this from outside the UK once your son's citizenship and the residency has been resolved.

[munhumutapa]

Assuming your child was born in the UK:

For children born in the UK, immediately after a parent is granted settlement/PR, their child is entitled to register for British citizenship (Section 1(3)), irrespective of child's immigration status.

Perhaps you should work together with your ex to try to secure her own status in the UK. Don't apply for a sole residence order just because your wife is at risk of removal unless you truly believe that you having sole residence is in the child's best interests. If you are granted ILR and your child registers as a British Citizen then your ex would have a strong chance of being granted discretionary leave if both of you have a role in the child's upbringing - e.g. shared residence (which can be 30/70 split) or if one parent has sole residence and the other significant contact.

Your ex could also apply for leave under the rights of access to a child rule although she would have to apply for this from outside the UK once your son's citizenship and the residency has been resolved.

@ Greenie - many thanks for shedding light on this. Unfortunately working with my ex is out of questionn due to her unreasonable behaviour. I've tried to tell her all that & she's not having it. The residence order will be in my son's best interest. I think you meant that my ex faces deportation if I apply for sole residence order?

[Greenie]

@ Greenie - many thanks for shedding light on this. Unfortunately working with my ex is out of questionn due to her unreasonable behaviour. I've tried to tell her all that & she's not having it. The residence order will be in my son's best interest. I think you meant that my ex faces deportation if I apply for sole residence order?

No - I did not mean that your ex faces deportation if you apply for a sole residence order. What I meant was that if your son is able to register as a British Citizen then there is no need for you to apply for a sole residence order to keep him in the UK solely because his mother is facing removal. What I said was - don't apply for sole residence just because the mother is at risk of removal and you want to keep the child in the UK- apply for sole residence if it is in the interests of your child to be living only with you and not with his mother. Young children need stability and unless one parent is not able to look after the child, they need both parents to play an active role in their lives.

If your son is currently living with his mother then it would be unusual for the court to order to change the status quo and order sole residence to the other parent, unless there are serious welfare concerns. Even if you got sole residence then your ex would stand a good chance of getting discretionary leave if she has contact with your child. If the child is currently living with his mother and his mother is either forced to leave the UK or decides to leave of her own accord then she could take the child with her - it can be difficult to prevent this from happening.

However unreasonable she is being my advice would be to be ridiculously reasonable and try to find a way for both of you to be able to be involved in the upbringing of your child. In the long run it would be easier for all of you to try to work together to secure your son's status and his mother's status in the UK. Surely the alternatives of 1) your son's mother being removed from the UK and your son being separated from her or 2) your ex leaving the Uk with your child are not really desirable for anyone?

[El shaddai]

Greenie, that is a very good thinking, if i were the OP will definitely dance to your tune by giving it a go.