Family life as parent of a birtish child application refuse

[Godwin111]

She told me that she wan allow me to do any DNA test for my baby dat she is in a society dat dont allow dat.evenif is not a blood sample.so was the second step should i tak.i wan to be sucessful in my appeal.she said she can follow me to my appeal and tell the judge that am the dad..pls advice me

[strontiumdog74]

She told me that she wan allow me to do any DNA test for my baby dat she is in a society dat dont allow dat.evenif is not a blood sample.so was the second step should i tak.i wan to be sucessful in my appeal.she said she can follow me to my appeal and tell the judge that am the dad..pls advice me

To be honest I think you need to seek legal advice on if you can compel her to give a DNA test. I assume that if you do this you will need to pay for the legal advice and for the legal representative to go to court on your behalf.

I am not sure on what basis you could get a court order for the DNA test as she is not actually disputing you are the father but the Home Office are, hence you need legal advice to see if you can actually go to court to get this etc.

I have given my opinion on her going to the court to say you are the father, I would be interested if home office disagrees based on them not accepting a birth certificate as proof I can't see how her word in a visa appeal will be any more persuasive.

At this point I am going to stop giving advice as I have no real experience on this and I seem to be repeating what I have already said.

[Godwin111]

Casa pls could u reply my text

[Godwin111]

Pls can someone else advice me on this.ur advice will me so helpful to me pls guys help me

[Casa]

Your name on the birth certificate won't be sufficient proof that you are the child's biological father. This is why you are being asked for a DNA test.
You haven't answered my question as to whether your ex-partner was married to someone else at the time of the birth. This is an important issue in the present situation.

Sorry CASA we crossed posts, do you want me to back out and leave it to you - you obviously have more knowledge on this than me? I'm just trying to help.

Not at all. Feel free to carry on.

[Dorkey]

@Godwin, is this your first application using the FLR FP form or are you extending the flr fp visa? What documents did you submit submit while applying for the visa?
On what basis did your child obtain British citizen?

[Casa]

Casa pls could u reply my text

If by 'text' you mean PM, members don't have the privilege of the PM facility until they have made 30 posts. Any messages you have sent will sit in your outbox unread.

[Casa]

I can't give you any further advice until you confirm whether your partner was married to anyone when your child was born. You seem to be avoiding this.

[strontiumdog74]

CASA,

Although hidden within the wording I think you missed that he said this:

No she was not married out the time of my child birth.

[Casa]

CASA,

Although hidden within the wording I think you missed that he said this:

No she was not married out the time of my child birth.

Ah thanks. I should have gone to Specsavers!

[Godwin111]

Yes i was in a student visa befor my leave expire i apply as family as parent.my daugther obtain birtish from the mother.we hav her birtish passport na.

[Godwin111]

Casa pls could u advice me.pls i need advice guys

[Godwin111]

This is my first application for in the uk.i apply wit my daugther birth cerficate and letter from the mother dat i look after my baby.letters from family and frds and picxs for me and my daugther.letter from the health vistor

[strontiumdog74]

Can you post the exact wording of your refusal?

[Casa]

My advice stands. I don't see how you can progress with this without the DNA test you have been asked to provide. Your wife can't be ordered by the court to provide a DNA test and her word & the birth certificate won't be sufficient as you are unmarried.

[Godwin111]

Home office said i fail witout resesaon able exuse not to giv dem the DNA test.my question wat of if i hav a court order to declear me as the parent of the child will the home office accept that.cos i dont know how to get the DNA test from my child since the mother will not allow me.reply me guys

[CR001]

No, not likely. Anyone can get a court order to say 'I am xy childs father' and anyone's name can be put on a birth certificate. That is why HO asks for DNA to prove without question that you are the child's biological father. Lots of people have tried to get visas based on children that are not actually their children.

[Godwin111]

So as the child mother has refuse to allow me to get the DNA test from my daugther cos she wan me to be deported from the nigeria so dat she could hav the baby all too her self.so dere is notin i can do to win my appeal.pls guys i need ur reponed as am confuss

[Godwin111]

So as the child mother has refuse to allow me to get the DNA test from my daugther cos she wan me to be deported from the nigeria so dat she could hav the baby all too her self.so dere is notin i can do to win my appeal.pls guys i need ur reponed as am confuss

[CR001]

I assume that the refusal for DNA test is based on using a blood sample rather than the actual DNA itself?

Have you investigated if there can be a dna test based on hair sample or saliva?

I am no expert on this issue, I am just thinking out loud.

http://www.homednadirect.co.uk/dna-news ... blood.html

Have you looked into the option of DNA without doing blood. There are many ways DNA can be tested.

[strontiumdog74]

So as the child mother has refuse to allow me to get the DNA test from my daugther cos she wan me to be deported from the nigeria so dat she could hav the baby all too her self.so dere is notin i can do to win my appeal.pls guys i need ur reponed as am confuss

The advice so far from everyone has been pretty consistent. I don't understand why you are confused.

Your rejection for your application was that you did not provide a DNA test to prove you are the father. I assume that you made an application and it was either rejected based on the evidence you submitted or you were asked to provide a DNA test and failed to do so. An appeal is a lengthy process from what I understand and as you did not provide the DNA test it is unlikely to be successful as you did not comply with what was required, although you haven't provided details of the wording of your refusal. I am assuming that UKVI wrote to you stating that you have been refused your visa and they would have to state the grounds for that refusal. You have indicated that you have been told you need a DNA test for proof but you don't state at what stage. I find it hard to believe that your refusal does not give the grounds on which it was refused?

Assuming that there are no grounds for an appeal, ie UKVI did not do something wrong then you need to reapply for the visa again.

The only way a further appeal or reapplication will be successful is if you provide the DNA test that the UKVI want as proof of paternity as stipulated in whatever form during this original process.

Getting the mother compelled by a court of UK law to provide a DNA test to prove paternity for a visa application is probably outside what I would expect this forum to be able to advise on as it is generally a point of uk law relating to an issue outside a visa.

In my opinion as I have stated twice so far, you need to seek formal legal advice about getting a court to compel her to get a DNA test for your child. Only a legal expert can advise you if this is possible and how much it will cost and what will be required.

When does your existing visa run out? If you overstay this may also cause issues, although I don't know what overstaying whilst waiting on an appeal process means.

[Godwin111]

She wan let me do any DNA test for my daugther.and i support my daugther Financially.and i see my daugther regualy.but she wan allow me to do any kind of DNA test for my baby.i dont really know wat to giv th judge in my appeal.shw sid she can follow to the appeal hearing to tesity that am the parent.pls guys

[CR001]

Any reason why you cannot just cut a small bit of the child hair? Make a bit of effort and use your imagination. You won't succeed if you do not provide DNA evidence.

[Casa]

You seem to be repeating the same questions and we're all repeating the answers without getting anywhere.

[strontiumdog74]

She wan let me do any DNA test for my daugther.and i support my daugther Financially.and i see my daugther regualy.but she wan allow me to do any kind of DNA test for my baby.i dont really know wat to giv th judge in my appeal.shw sid she can follow to the appeal hearing to tesity that am the parent.pls guys

Did you read the replies??

On what grounds are you going to appeal? What did UKVI fail to do in assessing your application, those will be the grounds for your appeal?