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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10527
Experience:  Barrister 17 years experience
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My girlfriend and my son are British, I will be applying for

Customer Question

My girlfriend and my son are British, I will be applying for further leave to remain with my sons birth certificate. In the process of application, will I have to prove paternity?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Can you better explain the circumstances please. Are you named as the father on your son's Birth Certificate? Why do you think you will have to prove paternity? Who is the mother of your son?
Customer: replied 1 year ago.
I'm named on the child birth certificate and his mom is British. To be honest I'm not the biological father but I'm named on his birth certificate
Customer: replied 1 year ago.
I'm currently illegal
Customer: replied 1 year ago.
Please go through this link belowhttps://www.gov.uk/government/uploads/system/uploads/attachment_data/file/420396/chapter_9_changes_re_s65_150402.pdf
Customer: replied 1 year ago.
Sorry I sent the wrong link, please go through linkhttp://www.legislation.gov.uk/uksi/2015/1615/pdfs/uksiem_20151615_en.pdf
Expert:  Buachaill replied 1 year ago.
2. Whilst I am not advocating any fraud, the father who is named on the Birth Certificate is taken to be the father and will be granted a visa to live and work in the UK on that basis. So, as you are named on the Birth Certificate, you have a right to apply for a Zambrano visa to live and work in the EU to support that child. The UK Border Agency don't look behind the Birth Certificate.
Expert:  Buachaill replied 1 year ago.
2. So long as you were registered as the father of the child within 12 months of the Birth, the Birth Certificate will be sufficient evidence of paternity, provided the mother was not married to someone else. Both of the documents you refer to relate to UK citizenship, not to an immigration visa. Both deal with the situation where someone is not named on the Birth Certificate as the father. So they are not really applicable to your situation.
Customer: replied 1 year ago.
You are right and I'm not into fraud. I have my own son but I'm not on his birth certificate but I already made an application to court for declaration of percentage.I'm thinking to submit an application of FLR with the court hearing document before the hearing when my name is ***** ***** then I could send the birth certificate to the home office
Expert:  Buachaill replied 1 year ago.
3. This is a different issue and I would suggest you ask a different question about the second case and the second son. Be aware that it is the UK Border Agency you deal with in relation to visa issues and not the court or the Home Office.
Customer: replied 1 year ago.
Yes. My solicitor said she will submit an application with my sons birth certificate which my name is ***** ***** it with the pictures I took with him and receipt of money I paid for him.She will write a note in her statement that the will be sending the full birth certificate after my court hearing.She don't want me to attend the hearing while I'm still illegal. Please What do you suggest?
Expert:  Buachaill replied 1 year ago.
4. The difficulty with attending a court hearing is that you leave yourself open to being served with a deportation order. Then you would have to leave the UK. It is better if your solicitor handles things and then you make the application for Leave to Remain after the Birth Certificate is in place.
Customer: replied 1 year ago.
I can't get my name on birth certificate without going for hearing
Customer: replied 1 year ago.
Please what should I do?
Expert:  Buachaill replied 1 year ago.
5. Get your solicitor to handle it. Your solicitor can present the evidence. If necessary, someone can call you by mobile phone and you can briefly attend and give evidence.
Expert:  Buachaill replied 1 year ago.
6. Please RATE the Answer.
Customer: replied 1 year ago.
Last question, Can the applicant solicitor attend a hearing without the applicant?
Expert:  Buachaill replied 1 year ago.
7. Last request to rate the answer.
Buachaill and other Law Specialists are ready to help you
Customer: replied 1 year ago.
I have rated you. Can my solicitor represent me in court and I won't be present
Expert:  Buachaill replied 1 year ago.
8. Yes, of course your solicitor can represent you in court, and you can be elsewhere.
Buachaill and other Law Specialists are ready to help you
Customer: replied 1 year ago.
I received a letter from cafcass and they gave court an advice to ask me to provide my visa document because the ex told the cafcass I'm illegal. What do u think about this and I'm thinking cancel my hearing
Expert:  Buachaill replied 1 year ago.
9. That was most unhelpful by your ex!! I would advise you to make the application with your solicitor and not turn up yourself. At least attempt to sort the matter out. If necessary, run the application and if it is not successful you can see about adjourning it to a subsequent date.
Customer: replied 1 year ago.
I received a letter from cafcass. Cafcass adviser to court asked the judge to instruct me to present my visa document because my ex told them I'm illegal. That put me off and I wrote a withdrawal letter to the family court, I called the court to confirm the cancellation of the application. They couldn't cancel because the judge is interested in case parental responsibility and declaration of percentage.I stated reason why I won't attend court tomorrow in the email and I was asked to email the court so they could forward it to the judge so the case will proceed while I won't be there.What do think it could happen?
Customer: replied 1 year ago.
and do you think they could inform the Immigration?
Expert:  Buachaill replied 1 year ago.
10. I regret to say that once CAFCASS has got hold of your case that they will seek to have your issue of parentage determined. So, you are better off turn up and deal with the application. The reason being that if you succeed, it puts your visa problems to bed. So you are better off go ahead with the application and make the most of it, as you are likely to succeed. Otherwise you could have the judge issuing a bench warrant that you turn up.
Customer: replied 1 year ago.
Yes I already told them I wont be able to come tomorrow and my step daughter is sick. should I go? because I have scared to get arrested and asking me to present my visa
Customer: replied 1 year ago.
please I need your advice?
Expert:  Buachaill replied 1 year ago.
11. I would advise you to go and attend. Because the downside if you don't attend is that the judge will report you to Immigration. At least if you attend and win your case, then you have a right to make an application for a visa to live and work in the UK. This would then legalise you.
Customer: replied 1 year ago.
thank you
Expert:  Buachaill replied 1 year ago.
12. You are welcome. Best of luck with the application.
Customer: replied 1 year ago.
I have been to the court, the judge would like to see my commitment within 3 months before he issue a court order for PR. I will be going back to court in April.Am I safe till April as an illegal immigrant? Thank you
Customer: replied 1 year ago.
I have been to the court, the judge would like to see my commitment within 3 months before he issue a court order for PR. I will be going back to court in April.Am I safe till April as an illegal immigrant? Thank you
Expert:  Buachaill replied 1 year ago.
13. I don't like giving you bad news. But you are not safe till April as an Illegal immigrant. I regret to say that you need to make a visa application based on your parentage in order to be able to remain in the UK until then. Make the application now and don't delay.