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aliAWAN 332
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Joined: Mon Dec 12, 2011 5:13 pm

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Post by aliAWAN 332 » Mon Dec 12, 2011 5:24 pm

am in serious situation, i have been in uk for 11 years, was in relationship for 9 years with 8 year old son, i had 2 years residence permit in which our relationship finished with in this period i applied for ILR which got refused on basics of not having contact order from family court, i then appealed which got refused on not having enough evidence.
now i have got contact order which i have been following for almost 1 year.
currently i am overstayer,
What is my best resort

Kitty
Senior Member
Posts: 706
Joined: Wed Jan 17, 2007 10:54 am
Location: Southampton, UK

Post by Kitty » Mon Dec 12, 2011 8:48 pm

If you have a contact order and meet the other requirements, you could leave the UK and apply for entry clearance as a parent with a right of access to a child resident in the UK.

The benefit fo this route is that it is a cheap initial application, and currently leads to ILR after only 1 year.

However, if your immigration history puts you at risk of refusal under 320(11) (and if the UKBA has a poor record of decision-making in your home country), then you may prefer to apply for discretionary leave to remain (DL) in the UK (on the basis of Article 8 ECHR).

DL may be granted for an initial 3-year period, with a further 3 years available after that. Currently leads to settlement after 6 years.

Is your son British? What financial support do you provide for him (if any)? Do you just have access rights or shared residence as well?

aliAWAN 332
Newly Registered
Posts: 2
Joined: Mon Dec 12, 2011 5:13 pm

Post by aliAWAN 332 » Mon Dec 12, 2011 9:32 pm

Yes, my son is british and i pay money weekly into his account as financial support. I have access rights. I have a indefinate contact order stating i can meet him on Saturdays. This was a contact order issued by a county judge at a family court. (The mother was refusing to let me see him so i had to take that route)

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