246a SUCCESS access rights to a child resident case

[magata]

First of all, thanks a lot guys for all the valuable and concise advice given about my friend’s case. As he was unable to afford to pay solicitors, he decided that he was going to do these applications with my help and obviously yours. Please allow me to explain how it was done:


• Application submitted an end of November to Child Support Agency as he wanted to pay his child maintenance by law. Still waiting for response.

• Application submitted beginning December to court for a contact order, including with this a copy of form already sent CSA. Almost 2 weeks later court correspondence arrived stating court hearing mid January.

• Just A few day before his the expire of his visa mid December we managed to complete an Application on form FLR (O) that was sent to the BIA together a Copy of Application for an order Form C1 filled to court+ Notice of Proceedings Direction Appointment Form C6 received from the court + Copy of statement of service Form C9 returned to the court+ copy of the Application for an order Form C2+ Copy of Child Support Agency Application sent to CSA
• ,+also payslips + letter of employment+ bank statement,+ tenancy agreement+ child passport copy showing that he is a permanent resident in the UK,+ his son’s Birth certificate with English certified translation. Very importantly a cover letter explaining the reasons for applying and detailing every document included in the application and monthly finance budget and a good ending.


• 3rd week of December application returned with docs and passport and letter explaining that the application had not been processed due to problems to process payment

• Following day already over his visa expiry date, the same application sent back to BIA by special delivery with different payment details and a good letter explaining that it was a problem from the bank due to new card had been issued and sent by post and old bank car had been cancelled.

• 2nd week of January BIA returned all Docs, including a nice endorsement on my friend’s passport showing amazingly a 12 months visa that had been granted 1st week of January

My friend and I are really happy that with your great help, things have worked out very well and now more importantly he can stay here to carry on his role as father.
Also, he ibis going to start very soon studying for the Life in the UK Test to enable him to apply for ILR.

Please a quick question:

In this category, is he allowed to apply 28 day before the expiry of his visa o is it different?

What is the maximum time that he can go on holiday to his country?

Any other recommendations are greatly welcome, and once again we are very grateful for genuine help a patience

Regards

Magata

[magata]

Please a quick question:

In this category, is he allowed to apply for ILR 28 day before the expiry of his visa o is it different?

What is the maximum time that he can go on holiday to his country?

Any other recommendations are greatly welcome, and once again we are very grateful for genuine help a patience

Regards

Magata

[Twin]

Please a quick question:

In this category, is he allowed to apply for ILR 28 day before the expiry of his visa o is it different?

What is the maximum time that he can go on holiday to his country?

Any other recommendations are greatly welcome, and once again we are very grateful for genuine help a patience

Regards

Magata

Your friend is very lucky to have a friend like you.

Congratulations!!

[magata]

Your friend is very lucky to have a friend like you.

Congratulations!!

Thanks a lot

[magata]

Hi all,

I wonder if you could help us!

On the 2nd week of April 2008 this friend received his ILR through 246a access rights to a child resident in the UK. He was told that he would be eligible to apply for BC this year. According to the British nationality instructions to be able to apply under the 3 year rule ( 2 years spousal visa+ 1 year ILR) a person has to be married to a British Citizen. the question is: would he still be allowed to apply under this rule, having been separated/ and divorced from his wife or does he need to wait longer?

I appreciate your comments

magata

[immigrationuk2009]

Hi

Hi all,

I wonder if you could help us!

On the 2nd week of April 2008 this friend received his ILR through 246a access rights to a child resident in the UK. He was told that he would be eligible to apply for BC this year. According to the British nationality instructions to be able to apply under the 3 year rule ( 2 years spousal visa+ 1 year ILR) a person has to be married to a British Citizen. the question is: would he still be allowed to apply under this rule, having been separated/ and divorced from his wife or does he need to wait longer?

I appreciate your comments

magata

Well my understanding is he needs to complete three years of residence in uk for BC..As he has completed 3 years so Yes he can apply for BC now.

Other rule is 5 years of residence but I dont believe he falls under this category.

This is family route not work permit..So Yes he can apply for BC now.

I would check again for you.

UK_Banned_Member

[magata]

Hi

immigrationuk2009, I really appreciate it that have takeing the time reply my question. However, I would be very grateful if you could give us confirmation based on specific references, if possible ? as according to page 8 of the form AN asks the following:

Please give details of all absences from the United Kingdom during the last five years. If you are married or in a
civil partnership to a British citizen, give details for the last three years only (see page 5 of the Guide).

Also page 4-5 of the form Guide AN states the following:

If you are applying on the basis of marriage or civil partnership to a British citizen the legal
requirements are the same as
12456
above
• and you have lived in the UK for 3 years.

Therefore, my understanding is that unless married to a British Citrizen, you have to wait 5 years+1 year ILR to be eligible. I hope I am wrong

Kind regards

magata

[immigrationuk2009]

Hi

Hi

immigrationuk2009, I really appreciate it that have takeing the time reply my question. However, I would be very grateful if you could give us confirmation based on specific references, if possible ? as according to page 8 of the form AN asks the following:

Please give details of all absences from the United Kingdom during the last five years. If you are married or in a
civil partnership to a British citizen, give details for the last three years only (see page 5 of the Guide).

Also page 4-5 of the form Guide AN states the following:

If you are applying on the basis of marriage or civil partnership to a British citizen the legal
requirements are the same as
12456
above
• and you have lived in the UK for 3 years.

Therefore, my understanding is that unless married to a British Citrizen, you have to wait 5 years+1 year ILR to be eligible. I hope I am wrong

Kind regards

magata

As I said I would have a look again...I am confused on one point...

Guideline say(as you given as well above) if you are husband of a British citizen or married to a British Citizen..That does not say your marriage should be subsisting at a time of application..So in simple words you can say you are married to British Citizen(if not divorced yet then good) but relationship between you and your wife is not good and you have completed 3 years of residence then what you think they should refuse you..

I belive No....There is nothing in guideline which say your marriage should be subsisting at time of your application.

I have got this as an important point..

I have also got their email address..You should better confirm this..

UKBApublicenquiries@ukba.gsi.gov.uk

But read guidelines again..May be I am missing some point


UK_Banned_Member