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Better to come out from day dreamingitiz wrote:Hello guys,
my daugther is going to be 7 this year and I was reading through the 7 years continous residency merits program.
My question is the two clauses attached to it.
The first is that the parent must demonstrate that there is a ‘genuine’ and ‘subsisting’ parental relationship between themselves and the child. The second condition is that it must not be reasonable to expect the child to leave the UK.
I have a court order dated 2013, saying my x wife should make my daughter available, as she stated, that I was an excellent father to our child and our child was closer to dad ( thats me )
1. So what is expected from the HO, on the second condition - "it is in the best interest of the child to remain in the UK ? "
2. Upon successful, what is granted ? ILR for me and my child ? or what ?
I also believe if its an ILR, then I can apply for a UK passport after the first year or two ?
kindly advise
itiz
My estranged wife is 10 years in the country, hence I believe entitled to ILR about 3 months before my daughter turns 7, and I would be going on 9yearsZee ali wrote:
Better to come out from day dreaming
If 7 years child route successful (A BIG IF)
Than u will get 2.5 years visa (10 years route to ILR).
When you say a decade, does that mean after 10 years of my stay here ? Or a decade after my child gets her passport ?Deewani wrote:Well....it depends...what ur status was during the past 10 years....continuous lawful stay without any break for 10 years.
7 years child residency doesnt or will not lead to grant of ILR. And yes....u would be lucky to get 2.5 years as now h.o is refusing majority of the cases and so r the courts....defore u shud stop thinking abt ILR on dis route.
However if ur wife gets ILR and ur child was born in uk.... Den she can apply for british pasport for d child....but for u, it will at least b a decade to get br. Psprt
Itiz best advise for u is to go for hearing and fight your case on the basis of your child . As i said before your ILR is out of question. Your daughter is not 7 years old at the moment. U would be very lucky if u get 2.5 years visa because of your child who is not 7 years old yet. Even if she is 7 years very hard to get the visa on that base.itiz wrote:By the way, I reported the incident to the ombudsman and completed their complaints process with the HO.
Initially the HO claimed I had been living in the UK illegally since 2008 and insisted I leave within 28 days
however at the end, when I did show evidence, I did have an application that was terminated by a caseworker, they changed their story and passed the blame on my ex wife, and when I showed it was false, they refused to reply, the 3 deadlines set by the ombudsman.
Upon the case being passed to an ombudsman investigator, they changed their story, giving me a right of appeal and passed it to the courts, now citing it was me ( and not my ex wife ) who terminated my application, hence am illegal
U r in this situation because of your relationship with your wife. Dont forget u came here as dependent of your wife. She has everyitiz wrote:My Reason for seeking advise in these forums is because the last solicitor misled me. And every legal rep I talk to, tells me the same old thing. That I have a good case which they can win
Although I did send an application after the 2010 incidence which was rejected, hence the appeal via the ombudsman
My question now is
1. I find myself in my situation caused by a HO caseworker
So are u saying I bear the brunt of his actions ?
2. Your advise on my daughter is what am taking on board
Thanks
Better to request SAR and see what exactly in your immigration history.itiz wrote:No no no
My relationship broke down AFTER and not before, and I showed proof to the Ombudsman that it was the caseworker's action that broke my marriage of which the HO refused to reply, despite 3 deadlines set by the ombudsman
The caseworker asked if we had a second bank statement showing £533. Which I had, showing over £20,000. Upon requesting it, I came home and my x told me, he called again and advised her. If we can't get it, he can put hers thru and later put mine thru.
1. My passport was returned without any notices
2. I have put the above complaint to the ombudsman and the HO changed their story, from saying exactly what u said ie
- First called me an overstayer ( as they overlooked the last application I had )
- then changed their story,and blamed my x wife
- now blaming me for the withdrawal ( when i showed the ombudsman my x wife had nothing to do with it )
So I want to see proof in courts that I ever contacted the HO or withdrew my application personally
3. It still does not alter my question, on the caseworkers interference(is illegal), that led to the steps that tore up my marriage
4. Lastly when I took my x to court to gain access to our daughter, she said I am an excellent father but was very bitter citing I am illegal and was the one WHO ABANDONED HER AND OUR DAUGHTER and not the reverse
We r in 2015 now. Better to request it again to see what is in there. U seem to be an educated man and can read yourself. When i requested my SAR they have all the information and notes attached to my files. Did u read your previous SAR by yourself?itiz wrote:Dont know what an SAR is.
But if its a file request of my immigration history ? then I requested one in 2010, thats when the legal rep I used back then, said there were no notes and hence, said it was an obvious mistake on the path of the caseworker, hence said instead of leaving the country ( which was what i wanted to do back then )
... she advised me to re-apply for an FLR(O) which was rejected, hence my present predicament.