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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 have an issue that has got me stressed out and almost

Customer Question

Hello
I have an issue that has got me stressed out and almost going into depression. I am British and I gave birth to my son last year so he automatically got his citizenship from me. His father and I were together, well at least that's what He made me believe. Since the birth of my son he rarely spends time with him and only on few occasions where he would take pictures with him when he saw him. My son's fathers lawyer forwarded him an email in which they needed my sons passport and not in my right senses as I was emotionally attached to him I stupidly handed it Including a letter they requested with my passport and some other documents for an application they did to the home office in order for him to remain in the country as the parent of a British child. I wasn't in my right mind and gave him what he needed. Now the home office have provided him with a limited leave to remain for 30months. Things he never did before such as not helping me out with our son he now wants to do that which I believe he's trying to gather evidence in order to provide to the home office that he is very much involved in ours son's life when he hardly ever see him. I feel shattered and deceived. My question is will he be needing my documents again once it's time to reapply and if I don't hand them in... Can he still get his indefinite leave?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 1 year ago.
Hello,
It would appear that your husband has received leave to remain as your spouse and not as a parent of a British child.
If you wish, you may get in touch with the Home Office directly and inform them that your relationship has broken down, that you do not live together and that he does not take any active role in upbringing of the child.
The Home office has the power to revoke his leave to remain if it was obtained by providing misleading information or if circumstances have changed after leave was granted.
He would obtain indefinite leave after 5 years and before he does that, he would need to obtain another 30 months leave to remain and your documents would again be required.
All the best
Customer: replied 1 year ago.
The problem is that he is not my husband, when he made his application he referred to me as his ex partner in the application while I believed we were together, when I questioned why the application mentioned I was his ex partner. His lawyer said it didn't
matter because we are not married. Every week he also goes to my son's daycare and picks him up without my consents but he only started picking him up after he obtained his limited leave, I believe the only reason he's doing that is to keep a record that he
is involved in our son's life when he really isn't. He also transfers small amounts of money into my account every month and again which he only started doing when he received his limited leave leave for 30months because he is keeping evidence that he supports
his son. But he is never around. He knows nothing about our son because he is never around as a dad. So I do strongly believe he is gathering evidence to support his application again when his 30months runs out. My question was still need not answered properly
I need advice on what to do
Expert:  UKSolicitorJA replied 1 year ago.
Thank you.
As advised in my earlier answer, I would suggest that you contact the Home Office and inform them that you are not living together, and that he has no contact with your child and that he is doing what he is doing probably because of visa reasons.
The Home Office may investigate him and revoke his visa or they may refuse to grant a new one when his current leave expires.
All the best
Customer: replied 1 year ago.
Ok Thank you another question please.When his current leave runs out, his lawyer advised him that he wouldn't need my passport but my son's passport for his application again. I just need to find out if the process would be the same as regard to me writing them a letter and providing documents such as proof of address and supporting evidence or is it just my son's passport he needs. He is also on my son's birth certificate so he has parental responsibility, would that matter?
Expert:  UKSolicitorJA replied 1 year ago.
It depends what the new application is for when his current leave to remain expires.
At that time, it may be a different type of application which may be why your documents would not be necessary.
If you do not wish to, you do not need to give him any documents of yours.
All the best

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