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ReadyLaw
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Experience:  Adjunct Lecturer at University of Technology
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I want to know what option I have if i dont want to live

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I want to know what option I have if i dont want to live with my partner anymore but we have one child together To get my own statue in the uk
JA: What steps have been taken? Have any papers been filed in family court?
Customer: No
JA: Have you talked to a lawyer about this yet?
Customer: No
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I want to know how to go about this and get my stay as soon as I can
Customer: replied 7 days ago.
Presently when I got married to her.....I was given two and half year Visa on ten year partner route but I dont want to stay in the relationship anymore although we have a child together
Customer: replied 7 days ago.
The child we have together is under child in need

Good day your question has been forwarded to me to see if I may be of assistance.

Is the child a british citizen? Are you still married?

Customer: replied 7 days ago.
Yes
He is a british citizen .....7months old baby
I am still married to her and still live with her at the moment but I don't want to live her anymore
So I want to know the options available to me to get my statue in the uk if I leave the marriage
Customer: replied 5 days ago.
I am still expecting my reply

I apologise for my delayed response. Unfortunately I did not realize that you had responded to my follow up question.

 

You may apply for permission to remain in the UK on the basis of being a parent of a British Child. I will provide you the guidance information below in the event you proceed with the application.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/851342/family-life-_as-a-partner-or-parent_-private-life-and-exceptional-circumstances-v5.0-ext.pdf

 

What is the most important thing to qualify for this visa is for you to demonstrate that you are no longer in a relationship with your partner. So, therefore, ideally you must have separated ( you do not have to be formally divorced to qualify) and no longer living together.

 

In addition to the above, you must also show that you have :

sole parental responsibility for the child

• direct access (in person) to the child, as agreed with the parent or carer with whom the child normally lives or as ordered by a court in the UK- in addition in such cases:

o the parent or carer with whom the child normally lives must be a British citizen in the UK or settled in the UK and not the partner of the applicant o the applicant must not be eligible to apply for entry clearance as a partner under Appendix FM

 

In all cases, the applicant must provide evidence that they are taking, and intend to continue to take, an active role in the child’s upbringing.

 

I hope this helps. Do let me know how I may be of further assistance. Kindly indicate whether you accept the answer given. You may do this by clicking on the stars at the top of the page.

All the best

RL

Customer: replied 5 days ago.
Thanks for the reply
I have one more question
Customer: replied 5 days ago.
On what ground can I take it to the court to get a sole parental responsibility of my child if the mother refuse to agree on me having the sole responsibility of the child

You are welcome.

In your case you would not be relying on being the parent with sole responsibility. What you would be required to demonstrate is that you have :

direct access in person to the child, as agreed with the parent or carer with whom the child normally lives, or as ordered by a court in the UK

Therefore, you can either agree with mom specific contact times with the child and you must be able to demonstrate you have been complying with this OR you can go to court and apply for an order for contact with the child. You may be granted this by the court without mom's consent.

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