I Need help.please anyone..

[Procase]

.sds

[Casa]

The '4 year' rule applies to couples who are married and have been living outside of the UK together for a minimum of 4 years. Unfortunately this doesn't appear to apply to your situation.

[Procase]

Thanks Casa for ur answer.I just wondering about unmarried couples more than 4 years not only for married couples.I don't think so.Because I keep searching over and over again home office page.So What can I do my situation?I just apply Settlamend?or Can I?will u pls someone show me the way?abut my situation?thanks a loats again Casa..

[Casa]

Have you been living outside of the UK together...with the documented evidence to prove the joint address? If you can't show at least 2 years continuous living together in a relationship 'akin to marriage' you won't be able to apply for a settlement visa as an unmarried partner.

[Procase]

Yes we been living together in Turkey.My partner has house in turkey.but not full years.shes going bak UK some reasons.Now I really don't know what iam gonna do..I have family in UK have my daughter in UK and I've been 8 years together with my partner I can't apply settlement or residence...I can't live there with them strange..I am really fed up about it.is there any way ?thanks again Casa.and sorry if I bothern you about my problem but I really need prof help.

[Casa]

I'm happy to help where I can...but I need to make it clear that I'm not a legal professional.
If you can prove a minimum of 2 years living together you could apply for an Unmarried Partner Visa. Have you thought about marriage?
Under current rules, your partner needs to show that she will have a minimum of £105.95 left weekly for a couple + £62.33 for your daughter after paying rent or mortgage, council tax and any loan repayments. You also need to show that you have suitable accommodation in the UK.
Your partner can continue to claim the benefits she's entitled to, but she will be unable to claim additional funds once you join her.

[Procase]

Thanks a loats Casa..İ dont know what can i say to you really thannks for ur help.as i told before my partner has house in turkey she is alwayS with me in summer time And sometimes she's going bak to turkey for my step daughters scholl.we are not ready for the marriage yet.when i move UK she Will start to job And i look after my daughter.when she's at work.thats why we have make sure first is any chance to get settlemend.shes on public funds but not all iam
Not sure how much she's getting everyweek but i let u know.what can i do?i can get visit VISA Easy but dont want.I wanna live with them problybin UK.I don't want my daughter grown up without me.

[Procase]

Hi all,Casa Let me explain to U make it clear my situation;İ can Prove my partner living with me outside the UK with home adress,bills and also she has stamp her passport how many times she's been out the country.But thing is not full 2 years!some reasons she has to go bak and I go also to UK.Basically we are together..Plus I've been UK before without overstaying or anything illegal..I sign my daughter birth certifica also when I waz in UK.Shes British citizen and Turkish also.Problem is my partner not working in UK as I said before and she's on public funds.I'll find out how much excally she's getting per a week and let u know..I can prove my reletionship also how many years we re together by emails,letters,pictures etc..When I look UK Home offie page before apply online there's 'Sponsorship Undertaking' my partner needs to fill up?or my financial sponsor?and there's a questions what's her job and work address...but shes not working at all.I am a bit confuse about it.MY sponsor normally her dad financial but different when U apply residence or settlemend..İs it any better if i Show financial sponsor?İ've savings aswell about 2000 pound is it help?And is it normal to she's calım public funds while İ apply my VISA?Really my mind Mix up!İ âm sure someone my situation(İ hope not cause really hard)before And Show me a way..Thanks Everyone especially Casa.İ waz in rush my other post just wanna make it clear again..waiting for your help..thanks

[ElenaW]

So you have a 3 year old child and have been together 8 years but you're not ready for marriage?

If you don't have proof of 2 years of living together in the form of mail addressed to both you and your partner to the same address then you don't qualify. Simple. You'll have to look for another way.

[Kitty]

I believe you may apply for a visa as a person with a right of access to a child resident in the UK.

The Immigration Rules that apply to this category state that for this visa you need formal documentation confirming contact with your child (such as a court order). However, the guidance that Entry Clearance Officers use when dealing with these applications confirms that as an acceptable alternative you can provide an affidavit from the UK-resident parent setting out the details of contact.

There is no requirement for you and your partner to be separated for you to make this application.

However, it's important to be aware that ECOs seem unfamiliar with this kind of visa application and may well refuse it if you say you are all going to live together as a family. Their own guidance says that they may refuse the application if it seems access to the child is not your main reason for applying, and you are trying to "avoid" applying under another category. You should be prepared for an appeal.

However, the benefits of this visa route are that it potentially leads to settlement after only 1 year, and the initial application is much cheaper than a spouse visa.

http://www.ukba.homeoffice.gov.uk/sitec ... ed/family/

[Casa]

I agree with Kitty.

[Procase]

@ ElenaW That's why İ âm here to find another way and get some help.İ know sound terrible Been 8 years with ur partner n not married...But you dont know the way we are...Thanks aynway

@ Kitty Thanks a loats!thanks for ur time to write it. İ wasnt know anythink about it.Be honest İ dont understand yet..But İ will search..You mean Kitty leave to remain UK as a Child of parent? You make my day thanks again Kitty..

@ Casa İ agree with Kitty also sound Good..if someone little bit more explain about it İ Will be happy.Thanks Casa..

[Casa]

Have you clicked on the link Kitty posted?

[Procase]

Yes Casa İ check it on my phone..Dont understand yet İ check it again on computer when İ go bak home.[/b]

[Kitty]

iam
Already in UK now but going bak next week.when go İ want to apply residence(live temporarily in UK)

Hi Procase. You will need to apply for the visa I mentioned from outisde the UK: you said you were going back (to Turkey I am guessing?) so you will need to make the application from there.

You should use application form VAF1A, which is usually used for visits, but which should generate the correct fee requirement.

You need to satisfy the following requirements (set out in paragraph 246 of the Immigration Rules):

(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

You will need evidence that supports each of the requirements, and I would recommend you write a letter setting out how you meet each requirement as well. Basic documents would include:

*birth certificate for your daughter naming you as her father
*Certified copies of yoru daughter's and partner's British passports (if they have them)
*affidavit sworn by your partner setting out details of contact with your daughter
*evidence of where you will live in the UK and that there is permission for you to do so
*evidence that your partner and child both live in the UK at the same address: utilities bills, GP letter etc.
*evidence of any past contact with your daughter: visits, letters or cards etc.

If your partner is on benefits, you may need help to satisfy the financial requirement. Do you have a job offer for your return to the UK? Will family members help with your finances?

[Kitty]

Procase, if you are applying from turkey it will be an online application: the informaiton I gave you about form VAF1A is therefore not relevant.

If you apply online you select "Other" for the visa type and purpose, and then the option to exercise a right of access to a child.

Hope that helps

[Procase]

Hi Kitty,Thanks million Times!you always making my day!Yes İ'll apply in Turkey online. Like you said I will do excally the same.. İ select "other" then option "To exercise a right of acces to
a Child" So Kitty İ âm gonna get settlemend or residence (İLR)?(hope so) İ have all documents what they need..İ can Prove anythink for my child..İ havent got job offer in UK but İ try to find..My partners dad can get job offer for me..do U think its much better if U had job offer?And also her dad or aunty They can help financial.Do you think how much is it gonna cost when i apply?same is other İLR or settlemend price? or different?

Also I just wondering do u think is it better this way?I dont need to search anymore unmarried partner visa type or anythink..?

Thanks a loats for your help!I feel like I am hussle in you.. :)hope I am not..Its really important for me.Thanks a loatssss!God bless you Kitty.

[Kitty]

Hi Procase

See if your partner can get some help with the affidavit. She needs to set out the facts of your family relationship and state that you will have the normal everyday contact with your child that a resident parent has.

You will also need to be careful in showing that you can provide for yourself without needing public funds. If you are relying on other relatives then they will have to provide their original bank statements and possibly employment informaiton, to show that they can afford to support you.

If you have a job offer of your own, then confirmation from your prospective employer, including your job title and salary, will be needed.

The cost of the application should be the same as a visit visa. If you are successful you should get a visa valid for 1 year: at the end of that year you can apply for ILR.

[Procase]

Hi Kitty,

I search ''For parents who wish to exercise their rights of access to children resident in the UK '' and I decide to apply.Thanks for ur help.Just wondering where she can get affidavit?is it only form?and she'll fill it ?She can write a letter about our relationship and state that I will have the normal everyday contact with my child.

I can show them about without needing public funds. My savings which is about 2 grand.(not much) and My partners aunty can support me.writing letter for me and showıng her orginal bank statements,employment informaiton paying my flight fare and all that...But I am not sure about the Job Offer yet.I'll try to find about it.I can get job offer but not where I live.like when I apply visa I'll give adress which is in newcastle.But what if I get job offer in Liverpool is that any problem u think?When I search about ''Rights of access to a child''visa type I see few people (they use to stay in UK illegal,overstaying,divorce,broke up reletionship...)But when they apply they get the VİSA..

Now I am not ready for apply yet.I just want make everythings perfect. but when I am ready I'll let yous know.

I can get ready now this Documents ;

+Child birth certificate..My name as father
+Child photographs with me..Any cards sents..Or any gifts sent
+My three month bank account , My salary,insurunce,and employer letter where I work now(letter about I want to go to live UK with my family İf I decide to come back Turkey My job is still rteady there for me..)
+And letter from my sponsor who is gonna support me financial and where we stay with my partner.Utility bills etc...
+I try to get affidavit from my partner (I have no idea how she get affidavit.I thinks its form.İf anyone give me more clue about ıt I'll be happy)
+divorce paper form the court in UK for my partner (for incase)
+And emails,picture documents how long we are 2gether (incase)
+My criminal record,My familys bank details...

İs that OK you think Kitty?Shall I apply like this?Also about my sponsor (financial) where we stay what you prefer to write letter ?(she just say on letter I wanna move UK stay wit them for my child and partner she will support us till I get job bla bla..) if u explain more I'll be happy.Thanks a loats again.

And also if I get 1 year visa,Can I aloud to get National Insurunce Number ?thanks

[Procase]

Are you still there Kitty?

[Kitty]

An affidavit is a written statement made by your wife, which she then signs and swears to the truth of.

There are certain rules about how it should be set out: I would suggest she contact her local Citizens Advice Bureau or a solicitor to ask for help in writing it.

Your financial sponsor should write a letter of support setting out how she will provide you with financial support (for example, will she provide you with a regular cash allowance, or will she provide funds as and when necessary), and confirm the details of her own income and/or savings as set out in her evidence. Does your sponsor have other family members that she is resopnsible for?

If you are granted a visa in this catgory then you are allowed to work in the UK. You can apply for an NI number through Jobcentre.

[Procase]

Hi Kitty, My sponsor not have any other family members resopsible..She has 2 kıds but they living somewhere else they are big.is that ok all my documents?I need affidavit thats all..whch is ıam waiting for ıt..if I would apply without affidavit do u think is it gonna problem?thanks kitty

[Procase]

Hi I have been refused my exercising right of acces to a child visa..What can I do now?

The Decision;

1)Your sponsor is in the uk and you have stated that she is your partner but you have not yet married.Whilist Iam satisfied that your child is a britisih citizen and settled ın the uk,I am not satisfied that your sponsor is not yopur partner or that you are ineligible to apply for entry clearance as a partner.

2)Youer daughter currently resides with her mother in the uk who cares for her and you have provided evidence in support of this.in light of this,ıam not satisfied that you have sole responsibility for the child in the uk.Furthermore,you are still in a reletionship with the mother of your child and see your daughter through visits to the uk and state that she visits you regularly in Turkey and has a turkısh ıdentity card.There is no evidence that you have acces rights to the child..
3)You state that yourn aunt will fund your trip.Whilist I am aware she has sponsored previous visits to the UK,these were short visits but your application is now for a stay of 1 year.There is no evidence that your aunt can support you for the duration of your stay in the uk and whilst I can consider third party support,this should not be for an infinite period.You state that you will take up employment in tghe uk and support your family but have provided no evidence of any job offer or how you are qualifield to take upemployment in the uk (WHİCH İS ıI SEND THEM JOB OFFER AND ETC..)

4)You state that you will be accommodated by your partner in the uk but have provided no evidence of the accommodation avaible to you.
5)You are not exempt from the english language requirement under paragraph E-ECP-4.2. ın adidition,you are not a national of a majority engilsh speaking country listed in paragraph GEN 1.6 and have no passed an english language test (A1 level of common european framwork)

That is the reason...I didnt know anythıng about the exam and I show job offer and everythıngs..What can I do now? There is no point I appeal or not..Because I need to past englisg exam first..what about other ones?Can anyone help me pls?Thanks a loats