# Rights to stay in the UK as i have a Born british child.



## Alejandro89 (Jan 30, 2012)

Hi there.

Well my situation is complicated because my ex-fiancée changed her mind and is not helping me. The case is really simple. I and my ex have a son together. I love him with my heart and it will be the biggest loss of my life if I just give up at this point. I'm under a Tier 4 student visa and it's going to finish in a month's time, so do I have any rights to remain in the UK and stay with my son? I know there is no such a category but there must be something I can do about it . Hope you can help me guys.

Many thanks in advance.


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## Joppa (Sep 7, 2009)

There is a category for which you may be eligible, called a parent of a child settled in UK. See the detailed guidance on it at http://www.ukba.homeoffice.gov.uk/s...w/modernised/family/family-parent?view=Binary
Basically you need to show:
a) You are legally in UK on a long-term visa (which you are)
b) Your child is British or settled here (which he is)
c) You have sole or joint custody/access to the child, either by court order or by mutual agreement (which you should have)
d) You are no longer in relationship with the other parent (which you are not)
e) And this is the important one, it's in the child's best interest to allow you to stay in UK.

If successful, you will get a leave for 30 months, which can be renewed for further 30 months and then settlement application after 5 years. There is no financial requirement like in the family route - only that you can maintain yourself without recourse to public funds.

I wouldn't advise making an application under these rules without professional legal help, as there are many pitfalls and UKBA have to make a difficult decision in accordance with the law on child welfare.


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