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Ask Clare Your Own Question

Clare, Solicitor
Category: Law
Satisfied Customers: 33004
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have a problem it's a continuation of our last chat. I am

Customer Question

Good evening. I have a problem it's a continuation of our last chat. I am currently pregnant for my ex boyfriend who is a British citizen but now have a new partner. I am Cameroonian by birth who was first refuse a resident permit in a previous marriage application. By Zambrano law you advised I can apply once British baby is born. But the problem I have here is my ex who is the natural father of my baby has refused to do anything with her birth certificate and passport. Without these I cannot apply for my stay when baby is born in October. I do not know how to go about this to proof that he is the natural father and for him to pay child maintenance. Also I don't know how I can apply for my stay if my British born baby birth certificate has got only my name on it. What can I do please? What legal rights do I have in this case as the parent of a child born here with a runaway british father?
Submitted: 2 months ago.
Category: Law
Expert:  Clare replied 2 months ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you.

I am afraid that the Zambrano route would only be open to you if you were in an ongoing relationship with the biological father of your baby.

You will still be entitled to child maintenance even if your ex doe snot let you put his name on the birth certificate but it will not enable you to stay in the Uk - and indeed even if you were still in a relationship it is not guaranteed - Zambrano would only work if the child had already lived here for a number of years

Please ask if you need further details

Customer: replied 2 months ago.
Hi Clare thanks for the reply but your answer is still not clear to me. How will I be entitled to child maintenance if my ex does not put his name on the birth certificate especially if it does not allow me to stay? Also what type of child maintenances will I get in this circumstances? In addition how do I get to make my baby a British citizen whom by birth and blood is already one? And also what can my current paryner do to help me get a stay and live with my baby in the uk? Thanks
Expert:  Clare replied 2 months ago.

If he is the biological father you can either apply for child maintenance via the CMS if you are in the Uk or through the courts if you are not .

You do not have to live in the UK to sue him for the Child Maintenance.

He will have to pay 12% of his gross income.

You can also apply to the court for a Declaration of Parentage to prove that your child is entitled to British Citizenship - but this will NOT mean that you can stay in the Uk automatically.

If your new partner marries you then you can go home to Cameroon and apply for a Spouse visa.

Customer: replied 2 months ago.
To be honest I am not entirely satisfy with the clarity of the answers. I know he is the biological father but got no prove to even hold him responsible as he has run away. How can I hold him responsible under this circumstances? Same goes with applying to the court for a declaration of parentage. None of this can be possible without legal evidence of a runaway father. My new partner is happy to look afte baby and I and is even willing to adopt her. If we get married here the, why do I have to go to Cameroon to apply for a spouse visa?
Customer: replied 2 months ago.
Also what exactly is the Zambians law and under what conditions does it apply?
Expert:  Clare replied 2 months ago.

It does not matter that you have no proof.

If you apply for maintenance whether to the CMS or to the Court then HE has to prove that he is NOT the father - not the other way around.

If he has a DNA test done then you can use that to obtain a Declaration of Parentage.

It is always possible to trace using an Enquiry Agent of he moves away.

So long as he is in the Uk then you will be able to take these steps

It is the law that you can only change your visa status to a spouse visa from OUTSIDE the UK - although in fairness it can be from anywhere outside - you need not return to Cameroon to do it

With regard to Zambrano the issue is a Right to remain for the parent of any EU citizen if there is no other way that child can exercise its right to remain in the EU.

The UK has in fact said that there is no reason such a child should not live with the father in such a situation - and it is also likely to be amongst the first casualties of Brexit.

Customer: replied 2 months ago.
Apart from child maintenance what other benefits can baby have as a child born in the uk to a British parent? In addition before britexit laws are applied it could take up to two years. I wish to know if before the law changes I the mother can be separated from the child and deported or ask to leave the uk when I'm her only dependent parent. Remember British father has clearly stated that he doesn't want anything to do it baby and me. Can my stay still not be given under such circumstances? Also is it possible for me to get a council place to stay with British baby while sorting out my stay?
Expert:  Clare replied 2 months ago.

There are no other benefits I am afraid.

The father could claim Child Benefit - but you cannot because of your immigration status.

It will take time to obtain the evidence that would make Zambrano relevant.

It is then likely that in fact all such decision will be delayed whilst the negotiations are ongoing.

Indeed it is arguable that once Clause 51 has been triggered then the Rules will not be applicable in any event. Sadly immigration is an area where I fear they will act sooner rather than later

Even if you were able to I remain here using Zambrano you would not be entitled to accommodation other than basic temporary accommodation nor to benefits at the level that others receive them.

My concern is that there is Case law which has stated that a mother in similar circumstances has no right to stay - although that decision is being appealed.

Customer: replied 2 months ago.
Ok but how is it possible for father to claim child benefits when he has refused to be a parent? How long (minimum) does it take to obtain enough evidence under the zabrano law? Also even if all such decisions are delayed while negotiations are going on, that I thought will only affect applications submitted after the law is made effective and usually applications received before the new laws will normally be handled according to the law at the time when the application was made. Please explain what you mean by basic temporal accommodation as I am not clear with that. Moreover, the case law you mention that is been appeal about a mother in similar case does that mean that she will be asked to leave the uk with her child or they might separate her from her child by keeping child here and sending mother back? In my case if they seeparate me and my child who will look after her when British father doesn't want anything to do with her. In this case can I not be given a descretional leave to remain for been baby ONLY dependent parent?

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