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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I am a US citizen with 3 British children, their citizenship

Resolved Question:

I am a US citizen with 3 British children, their citizenship based on dad's dual citizenship of Canada and the UK. I entered the UK on a spouse visa and renewed the same visa after 2 years, because my husband and I had planned to go back to Canada for good, but changed our minds at the last minute. I didn't have time to take the KOL test and submit the last stage of my Leave to Remain paperwork, so I now have until March 2015 before my second visa expires. Problem is, my husband and I separated shortly after that renewal, but haven't had the time or money to get divorced as yet. I want to stay in the UK based on being the mother of my 3 British children, but would like to know if I *must* be the primary caregiver to stay (since I have no recourse to public funds, I need more time to work), or if I can apply (and have any chance of success) with an FLRO to stay in their lives for everyone's quality of life. I have been their primary caregiver their whole lives, but can't make enough money to keep them properly if I'm not working full time. They have now been living in Scotland for nearly 5 years and Dad has volunteered to keep them until I'm ready financially... If I want to stay, separated/divorced from my current sponsor, do I submit the FLRO stating that I am their primary caregiver? Or do I submit stating that I am working to help support them and stay in their lives with shared custody? Or is there some other route I should consider?

Submitted: 3 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

The correct form to use is actually FLR(FP) as you are applying for further leave to remain as a parent and your marital relationship has broken down.

The form appears here


https://www.gov.uk/government/publications/application-to-extend-stay-in-the-uk-form-flrfp

You may use the above form if you have sole or shared responsibility for your children, in your case, it seems you have sole responsibility for them as their father has only agreed to keep them temporarily.

Hope this helps
UKSolicitorJA and other Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you so much! The last time I researched was before April, and the correct form was an FLR(O) that is not so specific as this one. I can and will submit this form for review. Thanks again for your attention.


 


Regards,
Jacki G.