[Solved] Ex using my immigration status agaisnt me in court

Hi bianworld,

What visa that expired on 13th October??
Was it spouse visa ???

Home office will not take a decision to grand you further leave to remain or not untill they have a final hearing from the family court ,
Or at least a prove that you have contact with your son and spending time with him and playing a role in his life.

Do you have any court order saying that you seeing your son ??
Are you seeing your son at the moment or in which stage are the court proceedings??

If they asked ,,you just need to tell them that you want to have visa to be with your son and you don't want to be with your son just to get visa ,
Explain that without getting your leave to remain you will be removed from the country which will affect
Your son emotionally and psychologically and that will deprive him from having a father who has alot to offer his son in his life,

If your ex doesn't have any prove for her allegation it's Likely that the judge will order for you to see your son ,
Then you will need to send the child arrangement order to home office,

Don't worry mate Home office will not take any decision against you now till a final hearing from the family court and you still have along journey for a final hearing,

I am in the same boat like you ,

Forget to ask have you heared from Home office since you submitted your application???
I mean are you overstayed now or they extended your previous visa untill they take decision for your new one??
Do you know what is your situation ??
I hope that helps ,

Good luck and all the best,

Hi bianworld,

What visa that expired on 13th October??
Was it spouse visa ???

Home office will not take a decision to grand you further leave to remain or not untill they have a final hearing from the family court ,
Or at least a prove that you have contact with your son and spending time with him and playing a role in his life.

Do you have any court order saying that you seeing your son ??
Are you seeing your son at the moment or in which stage are the court proceedings??

If they asked ,,you just need to tell them that you want to have visa to be with your son and you don't want to be with your son just to get visa ,
Explain that without getting your leave to remain you will be removed from the country which will affect
Your son emotionally and psychologically and that will deprive him from having a father who has alot to offer his son in his life,

If your ex doesn't have any prove for her allegation it's Likely that the judge will order for you to see your son ,
Then you will need to send the child arrangement order to home office,

Don't worry mate Home office will not take any decision against you now till a final hearing from the family court and you still have along journey for a final hearing,

I am in the same boat like you ,

Forget to ask have you heared from Home office since you submitted your application???
I mean are you overstayed now or they extended your previous visa untill they take decision for your new one??
Do you know what is your situation ??
I hope that helps ,

Good luck and all the best,

Hey, thanks for the response.

I was on spouse visa with my ex wife who I have recently divorced. I got into a relationship with this lady that had a child for me when my marriage broke down. I apparently told her about my immigration predicament and she is using it as a tool against me now, hopefully, it’s all futile. She knew the options I had was to either prove to the home office we have lived together for 2 years or use my son hence, why she`s [censored] bent on depriving me contact with my son.

Currently we are in court and there isn’t a court order yet. I ensured I put in an application to further my leave in the country 9 days before its expiry. I applied as the father of a British son as my baby mother has indefinite leave to remain in the country. I am still awaiting an acknowledgement letter. I included in my application, my son`s birth certificate with my name on it as the father, drugs test, cafcass report and available court documents.

She initially made allegations that I was abusing cocaine and cannabis, I volunteered for a drugs test, the court approved it and I passed with flying colours. Now she is on about DV, saying circumcising my son is genital mutilation (despite the fact we contributed financially to the circumcision) and that my intention to see my son is to further my stay in the country.

At the moment, I am not seeing my son. Court has ordered Cafcass to conduct a section 7 report, evaluate my parental capabilities and for my Solicitor to seek my immigration status from the home office.

I am still waiting for acknowledgement letter from the home office at the moment. I am not overstayed as I put in an application before the expiry of my old leave to remain.

I am just worried she will prolong this issue as much as she can to frustrate me. Its impacting me financially and emotionally.

The cafcass report that you gave to home office what it says??
Why the court didn't give you access to your son at least supervised untill cafcass do their s7 report ???

Have you already circumcised you son ?
Is that a religious thing ?
I am sure the judge will understand that especially of your ex helped you financially for his operation.
(( to be honest this is somthing I am facing as well my son is 2 and half years and is not cirsumsided and his mother is not agreeing about it she think that might harm him )
I don't really know if I will be able to ask the judge about this as it's a religious thing or they will definitely refuse doing things like that.

Anyway in terms of your leave to remain the home office just want a court order that you spend time with your son and it has to be final order ,

Your case quite lucky than mine ,
I separated from my ex last year and home office knew and cancelled my visa and put removal direction to remove me.
My solicitor put representation to appeal it and they didn't listen to him.
I had to issue new application and it was vacated as it seems Iam not able to make in country application because my visa was cancelled but they said they will look into it And make decision that was last year.
January this year I had a court order stating to spend time with my son fortnightly but the case still going untill today,
Home office keep asking the outcome of every hearing even my solicitor pushing them to give me leave to remain pending my family case and I called my caseworker herself and she said we will not be able to make a final decision on your situation untill you have a final hearing from the family court,
I told her but i already see my son supervised every 2 week but she said try to increase contact .
That was few month ago.
CAFCASS officer said I can help you and write a letter to home office saying ( that you have alot to offer your son in his life and removing you from the country will harm him) and explain my situation to them.
I havn't received this letter from her yet but she promised she will do it once she has time ,
So i will send it to home office and try to push them to release my leave to remain .
The court looking at my immigration situation and asking about it all the time but it's not affecting my family case so far so I ressuure you don't worry about that,

At the moment I just have supervised contact and it's moving slowly to supported and I been offered DAPP course which I don't know I will do it or not .

But things going in the right direction I think but it very very very slow .

One day you will have access to your son mate and you will get your visa back hopefully.
It just take time .

All the best

The cafcass report that you gave to home office what it says??
Why the court didn't give you access to your son at least supervised untill cafcass do their s7 report ???

Have you already circumcised you son ?
Is that a religious thing ?
I am sure the judge will understand that especially of your ex helped you financially for his operation.
(( to be honest this is somthing I am facing as well my son is 2 and half years and is not cirsumsided and his mother is not agreeing about it she think that might harm him )
I don't really know if I will be able to ask the judge about this as it's a religious thing or they will definitely refuse doing things like that.

Anyway in terms of your leave to remain the home office just want a court order that you spend time with your son and it has to be final order ,

Your case quite lucky than mine ,
I separated from my ex last year and home office knew and cancelled my visa and put removal direction to remove me.
My solicitor put representation to appeal it and they didn't listen to him.
I had to issue new application and it was vacated as it seems Iam not able to make in country application because my visa was cancelled but they said they will look into it And make decision that was last year.
January this year I had a court order stating to spend time with my son fortnightly but the case still going untill today,
Home office keep asking the outcome of every hearing even my solicitor pushing them to give me leave to remain pending my family case and I called my caseworker herself and she said we will not be able to make a final decision on your situation untill you have a final hearing from the family court,
I told her but i already see my son supervised every 2 week but she said try to increase contact .
That was few month ago.
CAFCASS officer said I can help you and write a letter to home office saying ( that you have alot to offer your son in his life and removing you from the country will harm him) and explain my situation to them.
I havn't received this letter from her yet but she promised she will do it once she has time ,
So i will send it to home office and try to push them to release my leave to remain .
The court looking at my immigration situation and asking about it all the time but it's not affecting my family case so far so I ressuure you don't worry about that,

At the moment I just have supervised contact and it's moving slowly to supported and I been offered DAPP course which I don't know I will do it or not .

But things going in the right direction I think but it very very very slow .

One day you will have access to your son mate and you will get your visa back hopefully.
It just take time .

All the best

The Cafcass report was basically recommending that Court should look at making arrangement for interim contact with my son, attend a SPIP course and Court should enquire about my immigration status from the Home Office.
Our son has already been circumcised and it healed in 8/9 days. It’s a religious and cultural rite that male child be circumcised after birth. It is legal.

It is my opinion that my ex is trying so hard to ensure I am not part of my son`s life – that I will fight to the end! I put in my application to renew my visa before its expiry, so I am good on that front. For Home office to make a decision, I need a contact order.

I am waiting for the Court order to attend the SPIP course, I hear attending improves ones chances of being viewed in good light.

Fingers crossed.

Honestly holly f***ing sh*t. How can you be so low. I rally hope that everything worked out in your favor.