fathers rights

[Mummy89]

Hi,
My husband is here on a student visitor visa, his visa ends at the end of april, we were planning on him going back to Libya and applying for a spouse visa from there while i stay here and continue to work..I have a full time job , we have been married for almost 3 years and we have a 2 year old child.
Because of the situation going on in libya at the moment i would prefer him not to return at this moment in time..I have spoken to the home office and they have said that he cant apply for a spouse visa because he is on a 6month visa and also that he can overstay but it may affect further applications in the future.

I have spoken to a lawyer and they have briefly outlined that he can either apply for asylum which we would rather not do, the other option he mentioned was that he could apply for a visa on human rights ground regarding being the father of a british child...i was just wondering if anybody had some more detailed information on this second type of visa, and knew of any similar cases.

Thank you .

[Brown212]

Hi,
My husband is here on a student visitor visa, his visa ends at the end of april, we were planning on him going back to Libya and applying for a spouse visa from there while i stay here and continue to work..I have a full time job , we have been married for almost 3 years and we have a 2 year old child.
Because of the situation going on in libya at the moment i would prefer him not to return at this moment in time..I have spoken to the home office and they have said that he cant apply for a spouse visa because he is on a 6month visa and also that he can overstay but it may affect further applications in the future.

I have spoken to a lawyer and they have briefly outlined that he can either apply for asylum which we would rather not do, the other option he mentioned was that he could apply for a visa on human rights ground regarding being the father of a british child...i was just wondering if anybody had some more detailed information on this second type of visa, and knew of any similar cases. Their is recent case ECJ ruling called Zambrano Case which allow the parents of UK/EU citizen minor to reside and work in UK to support their children, I think this case is very relevant to your situation UKBA has not give any guide line concerning this ruling but it worth making enquiry.

Thank you .

Their is recent case ECJ ruling called Zambrano Case which allow the parents of UK/EU citizen minor to reside and work in UK to support their children, I think this case is very relevant to your situation UKBA has not give any guide line concerning this ruling but it worth making enquiry.

[Greenie]

Hi,
My husband is here on a student visitor visa, his visa ends at the end of april, we were planning on him going back to Libya and applying for a spouse visa from there while i stay here and continue to work..I have a full time job , we have been married for almost 3 years and we have a 2 year old child.
Because of the situation going on in libya at the moment i would prefer him not to return at this moment in time..I have spoken to the home office and they have said that he cant apply for a spouse visa because he is on a 6month visa and also that he can overstay but it may affect further applications in the future.

I have spoken to a lawyer and they have briefly outlined that he can either apply for asylum which we would rather not do, the other option he mentioned was that he could apply for a visa on human rights ground regarding being the father of a british child...i was just wondering if anybody had some more detailed information on this second type of visa, and knew of any similar cases.

Thank you .

If you have been married for almost 3 years and have a 2 year old child why did your husband apply for a student visitor visa in the first place?