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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10525
Experience:  Barrister 17 years experience
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Can I apply stay with a dna report and I have over

Customer Question

Can I apply for a stay with a dna report and I have over stayed. My ex partner won't put me on my sons birth certificate. Will I still be granted a visa??
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. It is not necessary that your name appears on your son's Birth certificate in order that you be recognised as the parent of your son and thereby qualify for a visa to live and work in the Uk based on being the parent of a EU citizen child in accorDance with the Zambrano ruling. However, it is essential that you be able to prove paternity by means of a DNA TEST.
Expert:  Buachaill replied 1 year ago.
2. Accordingly, if you wish to avoid deportation based on the parentage of your son, it is essential that you conduct a DNA test on a sample from your son which would show you are the father. Accordingly, if you have access to your son, you need to immediately conduct a DNA test on a sample from him.
Expert:  Buachaill replied 1 year ago.
3. If you don't have access to your son or the mother won't allow permission for you to take a DNA swab for testing, then you can apply to court in accordance with sections 20, 21 & 23 of the Family Law Reform Act, 1969, to get the court to order that a blood sample be taken for DNA analysis. IN this way you can ensure a DNA test is taken.
Expert:  Buachaill replied 1 year ago.
4. The one thing you should realise is that if the Immigration Officers arrive at your door with an order for deportation it is then too late to consider taking DNA tests. So you should act on this immediately and regularise your visa situation. If you can prove paternity by means of a DNA test, then you can apply for a Zambrano visa or Further Leave to Remain (other).
Expert:  Buachaill replied 1 year ago.
5. Here is a link to the forms you need to fill in if your DNA test is postive and you are the parent of your son, together with how to fill in the forms https://www.gov.uk/government/publications/application-to-extend-stay-in-the-uk-form-flro
Customer: replied 1 year ago.
Thank you. Can I do peace of mind Dna, court don't accept peace of mind dna
Expert:  Buachaill replied 1 year ago.
6. Peace of Mind is within.7. Please RATE the Answer as unless you RATE THE answer, your EXpert receives none of the money you have paid the website.
Customer: replied 1 year ago.
Thanks a lot
Customer: replied 1 year ago.
Do I need anything from child's mother when makin the application
Expert:  Buachaill replied 1 year ago.
8. Only a copy of the child's Birth Certificate. However, you will be able to get that online. The child's mother will have nothing to do with your application. Your application has nothing to do with her.
Customer: replied 1 year ago.
Last question, can I make visa application myself or go through a solicitor?
Expert:  Buachaill replied 1 year ago.
9. You can make the visa application yourself. I would not recommend a solicitor unless they an immigration solicitor, as most solicitors know very little about immigration matters. You could also try an immigration service agent.
Buachaill and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Morning, do I have to attend court before I get dna court order?
Customer: replied 1 year ago.
?
Expert:  Buachaill replied 1 year ago.
10. The first step is to seek to get the DNA sample voluntarily. Accordingly, if you have access to your son, or are friendly with the mother, you can take the sample yourself and test it. It is only if you are prevented from taking a DNA SAMPLE that you have to go to court. The court procedure is to force a DNA SAMPle, or blood sample to be taken in circumstances where whoever has custody of your son is preventing you from taking the DNA sample.
Customer: replied 1 year ago.
I applied to court for parental responsibility order for my son, I'm scared to attend the court in January because I have overstayed my visa. I have been there for my son and I have evidence of things I have done for him I didn't see him 8 weeks . Please do you still I will still get PR?
Expert:  Buachaill replied 1 year ago.
11.Yes, you should get parental responsibility for your son. However, you should turn up in court to show you care about your son. A no-show would look bad if you want parental responsibility. Be aware that the visa authorities don't generally .-check with items such as court attendance dates.
Customer: replied 1 year ago.
I apply for Dna court order and I paid 365pounds to court, will I still pay for Dna test. Do u have any idea?