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Buachaill
Buachaill, Barrister
Category: Immigration Law
Satisfied Customers: 10790
Experience:  Barrister 17 years experience
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I applied 2013 marriage visa, I was refused because my

Customer Question

I applied 2013 for a marriage visa, I was refused because my wife stopped work. Home office held my passport and ask me to return home.
I refused to leave United Kingdom I have a British +2years son and I don't live with him but I have parental responsibility order and child arrangement order formy son.Can I apply for FLR(o) as an overstayed?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Buachaill replied 1 year ago.
1. I would advise you to apply for a FLR(FP) VISA based on your parentage of your 2 year old son. This is because the Zambrano judgment of the European Court of Justice gives the right to any NON-EU father of an EU child, such as your British citizen child, the right to live and work in any state of the EU including the UK, to support that child. So, you have the right to live and work in the UK under the Zambrano decision based on your parentage of your UK child. So I would advise you to make an application on this basis and not as an overstayer, as your chances are considerably better if you anchor your claim on a precise ruling in your favour.
Expert:  Buachaill replied 1 year ago.
2. I note you have a parental responsibility order and child visitation order in your favour. These are helpful to show parentage but they are not a pre-requisite in order for you to get your visa. When you apply, you will get a five year visa if you are successful. Be aware that you can get a Zambrano type visa up until the child is 18. However, as you are probably aware, you can apply for citizenship after six years residency in the UK. However, you must first apply for settlement and Indefinite Leave to Remain after five years residency in order that you may then claim citizenship one year later.
Expert:  Buachaill replied 1 year ago.
3. Please Rate the Answer as unless you Rate the answer your Expert receives no payment for answering your Question so there is no incentive to answer any further Questions.
Customer: replied 1 year ago.
Thank you. My child doesn't have a passport and his mother won't apply for his passport. Someone told me I will need his passport when making my application.Will I be granted if I submit Flr(fp)?
Expert:  Buachaill replied 1 year ago.
4. It would be preferable if you had the child's passport. However, you can use his original Birth certificate as evidence of him being a UK citizen. Secondly, there are no guarantees in making visa applications. However, this is the best legal ground for you to make an application to remain and live and work in the UK.
Customer: replied 1 year ago.
Thank you
Expert:  Buachaill replied 1 year ago.
5. You are welcome. Please Rate the Answer as unless you Rate the Answer your Expert doesn't get paid for answering your Question.