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✎ EN Can I apply for a UK Visa through my English Son?

Discussion in 'Immigration UK' started by John32, Oct 20, 2012.

  1. John32

    John32 New Member

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    I would like to know if I can stay in the UK

    My British wife left me in January.

    I was here in the UK from the States on a spouse visa, We are now getting a divorce. So my visa has run out!

    I have a son who is 10 months old, I have only seen on a couple of times as she will not let me visit him...

    Would I be able to get a new visa saying that I have a son in the UK and he is British? Will I still be able to work??
    Hope that someone can advise me
    Thank You
     
  2. texkourgan

    texkourgan Addicted member
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  3. John32

    John32 New Member

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    Thank you for your answer
    I arrived here from Jersey after working there for 1 year where I met my ex wife and where we were married.
    I got offered a job here in the UK as a waiter in London
    I have been working as a waiter for nearly 12 months here in the UK.
    I do not see my son at all now as she lives in Jersey with him now.
    I cannot find anything on the agency site regarding my position
    I have rung several times and get pushed from pillow to post!
    Still working but for how long
     
  4. texkourgan

    texkourgan Addicted member
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    Looking at the visa page within the London Guide, it appears it would be impossible to secure a visa with your current work. Is it possible to go back to school or try for another work visa? Of course, that is difficult to secure as well: http://www.ukba.homeoffice.gov.uk/visas ... n/working/

    I also did some more digging and found that there are several factors that will affect your chances:
    the length of time the applicant was married before the breakdown
    the length of time the applicant has been resident in the UK
    applicant’s age
    proportion of time spent abroad before entering the UK, and
    whether there are any children of the marriage.

    You should try applying for Indefinite leave to remain in the United Kingdom as a person exercising rights of access to a child resident in the United Kingdom. A person exercising rights of access to a child resident would be eligible to apply for indefinite leave to remain provided that:
    the applicant completed a period of 12 months as a person exercising rights of access to a child; and
    the applicant takes and intends to continue to take an active role in the child’s upbringing; and
    the child visits or stays with the applicant on a frequent and regular basis and the applicant intends this to continue.

    Also note that if your current visa is dependent on your status as a spouse, the British spouse or spouse with settled status can inform the Home Office of the breakdown of the marriage during the 2-year probationary period and may seek the get the foreign spouse’s visa cancelled.

    What visa do you currently hold? Have you consulted with a lawyer/solicitor at all? It is an expense, but may be necessary. Good luck!
     
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