partner sent home - 12 week old baby - help

[kate4885]

forgive me if this appears else where - i did look

my partner is australian and has lived with me since june of 2006. he came on a visitors visa which was extended due to compelling circumstances as i had complications with the pregnancy. our daughter was born in september. he was advised to make an application underrule 248 ( person exercising access rights to a child ) for leave to remain. this was refused as he needed to have orginally been here as either a spouse or unmarried partner ( we are not married and wont qualify for the unmarried partners visa until june 2008 ) so he has gone back to Australia today.

he can apply under rule 246 if he can get a certificate from a disrtict judge confirming his intention to maintain contact - the only problem is that none of the uk courts (family civil or immigration ) have ever heard of this. does any one know where you apply for such a certificate ?

the home office wont say,they said to phone the embassy in australia which i did and who were really really unhelpful.

its worth noting that if you look in the immigration directorate instructions chapter 7 annex a section 1 it states that this rule is applicable not only to separated parents but ALL parents even those not separted or divorced.

from reading a few links on this website i think that if this issue of how to get this certificate can be resolved alot of people would be able to sort their problems out very easily

any ideas ???/

[John]

Any particular reason why the two of you cannot get married? If not, he could apply for a fiancé visa.

[kate4885]

we could marry but we have been told by the home office we have to get their permission and in any event he has gone back now.

i dont want to take my daughter there as she is so young and we would have no where to live and besides, seems the wrong reason to marry.

the advice i have been given about using rule 246 is reliable save for no one knows where to get this certificate from

[VictoriaS]

I think you may have a point, as it seems that leave to enter requirements are different from leave to remain.

However, I do think that the ECO will see this as a way of getting around the rules, as the intention is obviously not to seek access to the child but to settle with his family. I think it will be tricky.




Victoria

[vinny]

See also 10.8 - Exercising right of access to a child resident in the United Kingdom and District judges - Family and District Judges (Magistrates' Courts).

Alternatively, as John suggested, see also 13.4 Fiancé(e)s/proposed civil partners and how they qualify.

[John]

we could marry but we have been told by the home office we have to get their permission and in any event he has gone back now.

Yes, but him getting a fiance visa is that permission! So if you applies for and gets a fiance visa, he flies back to the UK, the two of you get married in the UK in the 6-month period of validity of that visa, after which he would apply for a 2-year spouse visa, in the UK .... etc etc.

Great shame that the two of you did not start to plan the next steps before he left the country. He will need evidence from you in order to apply for a fiance visa.

Your financial circumstances? Are you working? Currently getting maternity pay?

[kate4885]

thanks for all of that

i have read 10.8 and in know the role of the district judge, i have rung the family civil and immigration courts - all of whom say they are not aware of the procedure for getting this certificate.

when we applied under 248 the Home Office didnt quibble that we were a family unit - it was the fact that he was a visitor that was the problem so im not sure that they would knock us back as it is clear in the Immigration diretorate instructions that we do not have to be separated so it must follow that entry under this rule can be to join with your family and i suppose 'settle'.

im on maternity leave and getting statutory maternity pay - if that helps

[Twin]

Kate, i'm in a similar boat as you and trying to find out more about this.

Please keep us updated on the process and I wish you the very best.