FLR(FP) application query

[kamsi]

I would be very grateful if someone could assist in answering these questions for me.

I had applied for a FLR(M) 5-year visa as a spouse of a British citizen in June 2014 which is valid until December 2016. We separated in August 2015 and soon after I started a new relationship with a British citizen and we now have a child together and the child is a British citizen. My child is 3 weeks old. I live with my current partner and child. I am in the process of divorcing my ex-wife so that I can marry my current partner.

I would now want to apply for a new visa as the partner of a British citizen and father of a British citizen child. My questions are:

a. Can I use the English language certificate (A1) I used for my previous FLR(M) application in 2014 for this new application or I have to take another English language test? The certificate was issued by Trinity College. The certificate is valid for 2 years, so it has already expired.

b. Are there other requirements I need to meet in order to apply under the 10 year parent route?

c. My partner and I are both HIV positive and currently on medication, would this medical condition meet the "exceptional and compassionate" circumstances criterion?

Thanks.

[Obie]

If you and your current partner are not married and lived together for 2 year, you will not cover under the parent route or the partner route.

You can only apply under the parent route of you and the other parent who is British or Settled, is not your partner.

As you are making a new application, you may be required to meet the current English language test requirement .

[Casa]

In addition to Obie's advice, are you aware that your spouse visa became invalid as soon as your relationship with your British spouse (your sponsor) was no longer subsisting?
As a foreign national, in order to marry in the UK (once you are divorced) you can only register your intent to marry at a Home Office designated Registry Office. The Registrar is then legally bound to notify the HO who can then extend the notification period from 28 to 70 days in order to interview you both separately if they choose to do so before the wedding can take place. Without valid leave, you are obviously at risk of being detained during the interview.
It appears that you haven't lived in a relationship 'akin to marriage' with your current partner for 2 years and therefore you don't qualify for the partner route. As Obie has explained, as you live with the mother of your child, you don't qualify for the parent route either. 'Anchor baby' applications are frequently refused.

[kamsi]

In addition to Obie's advice, are you aware that your spouse visa became invalid as soon as your relationship with your British spouse (your sponsor) was no longer subsisting?
As a foreign national, in order to marry in the UK (once you are divorced) you can only register your intent to marry at a Home Office designated Registry Office. The Registrar is then legally bound to notify the HO who can then extend the notification period from 28 to 70 days in order to interview you both separately if they choose to do so before the wedding can take place. Without valid leave, you are obviously at risk of being detained during the interview.
It appears that you haven't lived in a relationship 'akin to marriage' with your current partner for 2 years and therefore you don't qualify for the partner route. As Obie has explained, as you live with the mother of your child, you don't qualify for the parent route either. 'Anchor baby' applications are frequently refused.

Thanks guys. Isn't it unfair that the law favours parents who separate in order to regularise the status of one of the parent rather than support parents who want to be together to raise up their child in a loving home

[CR001]

HO doesn't take emotions into account. They simply follow the immigration rules.

Your wife had/has an obligation to inform HO the as soon as the relationship breaks down and that she is no longer your sponsor. Did she do this?

[kamsi]

HO doesn't take emotions into account. They simply follow the immigration rules.

Your wife had/has an obligation to inform HO the as soon as the relationship breaks down and that she is no longer your sponsor. Did she do this?

I am not 100% certain she did, however my instinct tells me that she did.