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Ask Frantz I Your Own Question

Frantz I
Frantz I, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 206
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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I'm quite cofused and stresses and I'm gona tell you

Customer Question

I'm quite cofused and stresses and I'm gona tell you everything in details so you tell me what is best solution for my problem
i came to uk on sep 2008 by student visa for seven months and stayed till my visa expired then two years later claimed asylum and refused then mate with my wife(British citizen) on 2012 n got married then had a child on 2013 (British citizen)but my solicitor got my leave to remain visa on ten years route even thought my wife was working at time and earning up to 24000 a year and i have been working since & paying taxes since i got my visa on 2013 and earning up to 23000 year
i have split with my wife last year n applied for 2.5 visa extension leave to remain as parent
this means i have to wait 7.5 to get indefinite leave to remain.2023
my question is i don't think my previous solicitor has applied for right visa as i was meeting all requirement for spouse visa for five years not ten years route is there anything i can do to get IlR earier?
my wife love traveling abroad and she takes my son with her for long holidays wouldn't that affect my visa ?last time she took him for 2months &three weeks abroad is there any limitation for how long can he stay outside uk?she is thinking of moving abroad in few years time to get best education for my son I don't want to be selfish but by preventing of going
but i want to see what are my options if he goes to private school abroad?
if i get resident card or visa from any of EEA countries (under european law)will that help? or
me and my wife thinking of getting back together as we are not divorced can i get naturalisation as married to british citizen for three years?
i had lots of advices one told of getting visa of one of eea countries another said i should change route to five years n i got confused and sure what i should do ?
Submitted: 24 days ago.
Category: Immigration Law
Expert:  Frantz I replied 23 days ago.


Thank you for your enquiry.

The issues you have raised are complicated and should really be addressed through instructions with solicitors and they charge circa £160 for a consultation but i will give you a broad answer to help you resolve any confusion.

Those who rely on the Exception under a family-based visa are usually given 10 years to settlement and this is particularly in cases where an applicant has an adverse immigration history. So if you have previously overstayed your visa or had an irregular immigration history, the appropriate route would be under the Exception. Your solicitor would have had access to all the information to decide what was the appropriate route to take. In any event there is nothing you can do about that to get ILR early.

If you have split up with your wife, your current visa as a spouse would no longer be available to you and you would be required to apply as a parent of a British child.

There are no limitations on how long your child can stay abroad as he is a British citizen. But if your child travels abroad and remains abroad, it would affect your visa as a Parent. Your child has to be living in the UK for your visa as a Parent to remain valid.

Your current situation is that you have split up, getting back with your wife for the purpose of securing immigration status is not allowed and should be avoided. The requirement of a family-based visa is that there exists a relationship that is genuine and subsisting. Therefore being married in itself with a marriage certificate does not satisfy the requirement if the relationship is not genuine and subsisting.

Getting a visa from an EU country does not in itself make you eligible to remain in the UK.

I would be grateful to be rated.

Customer: replied 23 days ago.
Thank you for ur reply but just to make it clear I'm on leave to remain visa as parent not as spouses on ten years route as I have informed home office straightaway when split with her
Now me & her talking and havnt decide it yet as she wants to move abroad .
Question which I haven't had an answer yet
How long can my child stay abroad with her without affecting my visa is it 3,4,months a year as she travel all time
Is there any thing sat by home office limitation ???
Expert:  Frantz I replied 23 days ago.

There is no guideline within the immigration rules on how long your child can stay abroad but a pattern of travelling abroad regularly may suggest that the child is not settled in the UK. The Home Office may look to where the child is registered in school as one indicator.

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