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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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Everyone i am new on this form i need some advice.Basically

Resolved Question:

Hi Everyone i am new on this form i need some advice.
Basically My situation is i came into uk 2011 on study visa couldn't continue my study then i apply for FLR(O) on basis i want to stay here continue my study this and that my lawyer wrote that story and got rejected after few months but my lawyer didn't tell me once in random check police officer stopped me and arrested because i am an overstayer that was quite shocking for me because i never received a letter from lawyer or home office my application is rejected any how they leave me next day and ask to come on signs / report immigration centre weekly but i never went.
in 2012 i did islamic marriage ( Not Recognisable in UK LAW) with an British citizen girl she had one daughter before with her ex husband now after an year we have another baby born.
Now my solicitor told me to apply for parent as child because she (My partner) is on benefit claiming public funds but we are living together only from one year.
1.We living together and i am on overstay can i apply for parent as child when me and my partner living together ? Because it says you have to be sole carer.
2. I am working self employed and earning about £6000 per month never paid an tax on that shall i attach my bank statements with my file ? would that be beneficial they ( Home Office ) will say i am earning good that is economically good for country ? or they would take it negative and ask my why i didn't pay tax on that or why i worked when i was illegal ?
3. My Partner is claiming Public funds are they gonna refuse my visa on that basis ? or would they consider my father of the child and also my wife born with Genetic disease she can't cope with out me to look after kids ?
Awaiting for your kind and detailed reply.
Thanks
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

Ok i will wait.

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question, I will be happy to help you today.
1. I think what you need to do is apply on the basis of your partner and then include the fact that you also have a child in the UK. You are correct in stating that you need to be the sole carer of the child to have a successful application , but because your wife is able to look after the child then it does make it difficult for you to be issued with a visa on that basis.
As stated the best option would be to apply on the basis of your partner and the state elements of your children in the UK and state how it would effect you and your children if you were to be returned to your home country. This would be in addition to how it would effect your partner if you were to be returned home.
2. You would need to show them your income and I would recommend that you get the assistance of an accountant to start paying back the tax, the fact that you are earning enough to support your family, would be a positive you can state that if you were to be allowed to remain in the UK then your family will no longer need to remain on benefits.
3.Yes, they will consider all these things, they would not just refuse your visa on the basis that your wife claims benefits, they will need to look at the whole situation and then decide how your family will cope if you were to leave the UK.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience: I am a qualified solicitor and an expert in UK law.
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