christmas without your partner

[karunanayake]

Hello to everyone.....

I wanted to wish everyone a happy christmas... ok it might not be so happy as we are without our partners or family but what we have to remember is one day you will all be together again .... i know it is very hard at this time of year, i am finding it extremely hard as myself and my kids miss there their daddy very much but they wouldnt want you to be sad or unhappy well i know mine wouldnt,,my only thing that keeps me going is thinking that no matter what i will always be where he is in his head and his heart....Just try and be happy and remember they hurt as much as you do and you will be together in the end stay harry people and it will all work out in the end

[thesaint]

Hello to everyone.....

I wanted to wish everyone a happy christmas...

oh i dont know what to say really because I can imagine how would I be if it is Christmas and I am not with my kid
Just all I can say my thoughts with you and your family and one day I am sure it will be soon you will be together again

[penelope]

Thanks Karunanayake,

I hope you and the kids get through Christmas okay and I really hope that 2008 brings better luck and news for you and that you will be reunited as a family soon

[kirantara]

I just found out today that I'll be without my partner for Christmas, he was refused an unmarried partner visa today. We'd planned to go to my family home in Ireland, now i have to go alone. I can only imagine your pain when there are children involved, but as I have told him-if we want to be together, we will. We just have to wait. And we might have to get married....I'd rather not be forced, but that's a story for new year.

Merry Christmas to all who feel like me

[kate4885]

i posted a query on this forum as my australian partner had been asked to leave the country leaving behind his 12 week old daughter

we are not married and have not been together for 2 years and so do not qualify for an unmarried partners visa

i have undertaken research into applying for him to return using rule 246 of the immigration rules.

i ahve now had official word from the Home Office Visa advisory board who said -

" This (rule 246 ) applies to all parents, not just those who are divorced or legally separated.

Owing to claims that actually obtaining a Certificate from a District Judge is impossible, the Border and Immigration Agency (BIA) have taken advice from LAB & the Ministry of Justice who have confirmed that it is impossible to obtain a Certificate issued by a District Judge (at the time that this Rule was framed in the summer of 2000, this option was suggested as an acceptable means to verify the applicant's intent to maintain contact with the child.)

As this option is no longer available, and in the absence of any other legally based option to replace it, the sole alternative will be to request a sworn affidavit from the non-applicant parent, (i.e. the U.K. resident parent or carer of the child), confirming that the applicant parent can have access to the child, and describing in detail the arrangements made to allow for this. If contact is supervised, then the statement must be made by the supervisor"


so it would seem that is you have a child resident in the Uk and the other parent is settled here then you can make an application for entry using 246 which allows you initailly to stay for 12 months ( and work ) followed by indefinite leave to remain if after the 12 months you can demonstrate that you are still having contact with the child.

hope this helps.

[Deanna]

i ahve now had official word from the Home Office Visa advisory board who said -

" This (rule 246 ) applies to all parents, not just those who are divorced or legally separated.

Owing to claims that actually obtaining a Certificate from a District Judge is impossible, the Border and Immigration Agency (BIA) have taken advice from LAB & the Ministry of Justice who have confirmed that it is impossible to obtain a Certificate issued by a District Judge (at the time that this Rule was framed in the summer of 2000, this option was suggested as an acceptable means to verify the applicant's intent to maintain contact with the child.)

As this option is no longer available, and in the absence of any other legally based option to replace it, the sole alternative will be to request a sworn affidavit from the non-applicant parent, (i.e. the U.K. resident parent or carer of the child), confirming that the applicant parent can have access to the child, and describing in detail the arrangements made to allow for this. If contact is supervised, then the statement must be made by the supervisor"

Thank you for posting this information. I am in a similar situation 2 u. We r also applying for a visa under the 246 rule. R u 100% certain that they will accept an affidavit? I feel like getting a court or resident order is such an extreme length to go, especially if you can come to amicable arrangements outside of court.

[kate4885]

what I have posted is what was emailed to me as a reply to a direct qusetion put to the UK Visa information people who are the advisory service run by the Home Office.

it must be a sworn affidavit i.e you must sign and swear it before a recognised party - ie solicitor - i think also the Court will provide this service.

You may well find that the Family Court will not give you a residence or contact order where the parties are not seprated as the fundamental premise of the family court is not to interfer in family life where it is not necessary.

that said, when i rang the High Commission in Australia they 'dug out' an application made under 246 by a couple who had not separated. the application was made in September of this year and in that case the couple had got a contact order which was by consent ( ie the parties agreed ) being "pursuant to the requirements of rule 246 of the Immigration rules" - so it seems the court did entertain an application. my local court were sceptical

i agree going to the time and trouble of getting a court order seems ridiculous

if in doubt ask your embassy in the coutry that is relevant and or contact the UK visa people via email - they take two working days to reply

good luck

[Deanna]

Thank you for your reply. My partner is in Jamaica, and the embassy in Kingston is renowned to be very difficult. We are trying to cover everything before we put in for the visa. As you know yourself this is a really hard and painful experience. Only a few months ago, my partner and I were living together in the UK and looking forward to becoming parents. Then unfortunately he had to return to Jamaica because his father was very sick. After a few Weeks, he was on his way back to the UK because our son was due to be born but sadly he got detained (partly due to overstaying in the UK). Hearing about other people’s successful stories brings me so much hope.

Good luck to everyone.