Potential Fraudulent Immigration Application

[mrkoma2012]

The child could have an entitlement to regsiter as British under section 3(2) of the British Nationality Act 1981 if the grandparent was British otherwise than by descent and the other criteria was met or possibly even the more favourable section 3(5) if the child starts living in the UK. Though this would need investigation.

Yes I agree, it appears that the OP either wants rid of the ex, or perhaps even the child as well. However, they have not said either way.

If the mother wants to remain on grounds un related to me that is not my problem. However, taking the route of making false domestic violence claims is more than extreme.

Besides, there is no assurance that even if i compromise by giving the child British citizenship and she stays will i have access to my son.

My major concern is trying to remain in the UK at any cost on my account.

[mrkoma2012]

Those attempt are doomed, but try and come to a compromise, to stop this issue dragging.

She remains adamant in her false domestic violence case, therefore, i cannot make any considerations.

Even though social services are responsible for the child's care, when/can i apply for custody rights?

[Obie]

Without condoling what she did, i believe she may have felt she had no option other than making these allegation. Probably she felt she had nothing to return to Africa for.

I am in no doubt she may have lost her moral compass, but you have a duty to your child.

[Obie]

You both need each other. You have no parental rights as you are not married to her. She will need your support to stay in the UK, as she will not qualify under the domestic violence provision. You will have to make an application for access, which is slightly complex, without parental rights.

At the moment, your child has no right to stay in the UK.

[mrkoma2012]

You both need each other. You have no parental rights as you are not married to her. She will need your support to stay in the UK, as she will not qualify under the domestic violence provision. You will have to make an application for access, which is slightly complex, without parental rights.

At the moment, your child has no right to stay in the UK.

Application for access without parental rights?. Please simplify and provide any details. Can the application be made now whilst their 6months visitors permit is still valid?

[Amber]

She's more than likely desperate, which is perhaps understandable. We don't know how bad things are in her home Country. Can you not be amicable and start and discuss the best interest for the child. Registration of the child should be your priority as surely that's in your and the child's best interest. The police have dropped the case against you, unless you want to try and get her prosecuted for wasting police time perhaps you should forget it.

[Obie]

Well this is Contact Order Application

I wish to retract my previous statement in regards to whether you have parental responsibility or not, of the child.

It seems you do, given the fact that he was born after Dec 2003, and your name is on the birth Certificate.

If difficult to see how you want to play a part in your sons life and then telling the mother of that child, you will not facilitate her stay here.

In any event, no court will give full custody to you.

[mrkoma2012]

Well this is Contact Order Application

I wish to retract my previous statement in regards to whether you have parental responsibility or not, of the child.

It seems you do, given the fact that he was born after Dec 2003, and your name is on the birth Certificate.

If difficult to see how you want to play a part in your sons life and then telling the mother of that child, you will not facilitate her stay here.

In any event, no court will give full custody to you.

I will wait for her to exhaust every opportunity and then try to come to an amicable arrangement

[mrkoma2012]

She's more than likely desperate, which is perhaps understandable. We don't know how bad things are in her home Country. Can you not be amicable and start and discuss the best interest for the child. Registration of the child should be your priority as surely that's in your and the child's best interest. The police have dropped the case against you, unless you want to try and get her prosecuted for wasting police time perhaps you should forget it.

As long as she can use the DV case to remain here on my account or any other fraudulent plan.... i will play the waiting game.

[Obie]

This in my view is not between you and her, but between you and your son .
On the one hand you want to see the child, on the other hand you dont want to assist until all avenue has been exhausted. By then they be on the flight to Namibia.Perhaps that's what you want or have always wanted. In those circumstances, stop fighting for access and allow then to fail, and then get deported in dignity.

Sometime you just got to be the man and do the right thing for your child.

[mrkoma2012]

This in my view is not between you and her, but between you and your son .
On the one hand you want to see the child, on the other hand you dont want to assist until all avenue has been exhausted. By then they be on the flight to Namibia.Perhaps that's what you want or have always wanted. In those circumstances, stop fighting for access and allow then to fail, and then get deported in dignity.

Sometime you just got to be the man and do the right thing for your child.

Thank you for all your comments and views. I never intended to fight for access, only required clarity on the issues raised. Perhaps, in the future the further and son relationship will be resurrected.

[mrkoma2012]

Potentially it could be used for Destitution Domestic Violence (DDV) concession but not for DV settlement. DDV looks at getting public funds etc... though UKBA domestic violence support is often changing. Moreover, social services can offer more support for certain groups as do other organisations.

As you are British by descent and your child was born abroad the child is not automatically British. However, the child should be entitled to be registered under section 3(2) of the British Nationality Act 1981 and thus become British (if not already done). The child may also be entitled to register under section 3(5) of the British Nationality Act 1981 which is more favorable but may take some resdiency time i.e. the child living in the UK. I suspect you would like your child to be British so you should investigate this further.

At present, social services are responsible for both the mother and child's needs. The initial 6months visitor period ends in October. What happens after this period.

Well, they will be here without valid leave thus over staying. There is leave for exceptional circumstances outside the rules but you shouldn't rely on them. You should put things in

@ D4109125

When you say exceptional circumstances outside the rules......what does this mean?


motion to try and regularise their stay i.e. the registration of the child.

[Amber]

See here (click). at 1.2

[mrkoma2012]

See here (click). at 1.2

Thanks

[mrkoma2012]

Is it possible for an ex girlfriend to be granted ILR or any other form of legal right in the UK despite only staying with the boyfriend for less than 3 months in the UK?

Included in this application is a false domestic violence report and a child that has to be registered for British nationality.

One of the proof of the length of the relationship is an invitation letter that was never used.

[vinny]

Unlikely, whilst child is not British and falls outside the scope of the Zambrano principle.

[mrkoma2012]

Is it possible for an ex girlfriend to be granted ILR or any other form of legal right in the UK despite only staying with the boyfriend for less than 3 months in the UK?

Included in this application is a false domestic violence report and a child that has to be registered for British nationality.

One of the proof of the length of the relationship is an invitation letter that was never used.

[mrkoma2012]

Unlikely, whilst child is not British and falls outside the scope of the Zambrano principle.

Thanks

[Amber]

Technically I think your wife could be applying to register the child as British or may have already done so under section 3(2) providing she had the required documents. Both parents consent would usually be expected however, given that domestic violence has been displayed (whether false or not) it may suffice just the Mother giving consent. Once that is done, then she may be able to get leave to remain.

[mrkoma2012]

Technically I think your wife could be applying to register the child as British or may have already done so under section 3(2) providing she had the required documents. Both parents consent would usually be expected however, given that domestic violence has been displayed (whether false or not) it may suffice just the Mother giving consent. Once that is done, then she may be able to get leave to remain.

I was not married to this lady. She was an ex girlfriend who was supposed to visit for 3months but was adamant of remaining in the UK.

As for registering the child as a British national what documents will be used as it will be done without my consent due to the false domestic violence incidence.

[mrkoma2012]

Technically I think your wife could be applying to register the child as British or may have already done so under section 3(2) providing she had the required documents. Both parents consent would usually be expected however, given that domestic violence has been displayed (whether false or not) it may suffice just the Mother giving consent. Once that is done, then she may be able to get leave to remain.

Also, the mother is not a British national or ever married to a British national. How can she give her consent for a child who wasn't born in the UK to be registered as a British national?

[Obie]

The registration of the child has absolutely nothing to do with you.

If the child is entitled to be registered by virtue of Section 3 (2) of the 1981 act, which i think is the case, then subject to the mother providing the necessary document, the child will be registered, without the british Government seeking your consent.

Also, domestic violence comes in different form. You dont have to have lifted a finger on someone, for it to amount to DV. Simply putting undue pressure on someone to do something against their wish, with threats if they fail to comply, can indeed amount to DV.

[Amber]

Moreover, domestic abuse takes many different forms, such as emotional, financial, mental and physical abuse. Your intention to have your ex deported and the subsequent detrimental impact on your child could amount to emotional torture. I think we, in this Country would find it very difficult to understand how difficult it is to live in another Country, especially one that does not have the same rights and freedoms. After all, she is a single parent with a child from another man, she might have great difficulty getting acceptance from the community and support for the child. Her chances of a better life I am sure are much greater here.

I think you should cease your aim to have her removed and concentrate on putting your grievance to one side and support both of them. I’m not saying you should love her and idealise her, I am merely saying you should not kick her when she’s down.

[mrkoma2012]

Moreover, domestic abuse takes many different forms, such as emotional, financial, mental and physical abuse. Your intention to have your ex deported and the subsequent detrimental impact on your child could amount to emotional torture. I think we, in this Country would find it very difficult to understand how difficult it is to live in another Country, especially one that does not have the same rights and freedoms. After all, she is a single parent with a child from another man, she might have great difficulty getting acceptance from the community and support for the child. Her chances of a better life I am sure are much greater here.

I think you should cease your aim to have her removed and concentrate on putting your grievance to one side and support both of them. I’m not saying you should love her and idealise her, I am merely saying you should not kick her when she’s down.

What are the documents required?

Is it compulsory for me to provide my passport?

[Obie]

From further reading, and having obtained a clearer picture of your case than before, it has become clearer to me, that given the circumstances of your ex girl friend's case, it is highly unlikely that they will require anything from you. It will prima facie appear unduly harsh for the authorities to require her to do so.

Given the circumstance of the case, and the welfare of a minor child, whose best interest the UKBA and social service are meant to take into consideration, the chances are UKBA will be required to assist, from records held about you, to register the child under section 3 (2) of the act, to prevent him facing destitution and possible hardship overseas.

In those circumstance, no removal may be contemplated until this process is concluded