help!plsssssssss

[inUK]

am here in UK for fiance visa and my visa will expired soon and nothing marriage happen(in some matters) and we have new born baby.

just want ask if i'll go home,can i bring my baby?even if she is registered already and british baby?is it right what i heard that the child should be in mother's care?so i can bring home my baby by then?

[CaptB]

Contact your local Citizen Advice Bureau ASAP. They will be able to help you and offer advice.

[LadyJ]

am here in UK for fiance visa and my visa will expired soon and nothing marriage happen(in some matters) and we have new born baby.

just want ask if i'll go home,can i bring my baby?even if she is registered already and british baby?is it right what i heard that the child should be in mother's care?so i can bring home my baby by then?

How many days you have left before your visa expires? You must go home before it expires otherwise you'll overstay your visa and it might affect your future application and also don't attempt to switch your visa to any other visa because you'll just waste your money, unless you and your partner got married and you've submited your application before your visa expiration.

Ofcourse you can bring your baby with you to any place you want to go. Is your child registered in your partner's name?

Your child is automatically a filipino citizen, you can apply your child a Philippine passport to Philippine Embassy in London.

I'm not sure if your child can get a British citizenship, you must go to your local Citizen Advice Bureau for advice, it's free!

[inUK]

thanks captb and ladyj!

next month will expire already and yeah she is registered in my partner's name.but my problem is that my partner(simply say we dont go on well) just want me go home alone and thats what i dont want to coz i want go home with my baby.

[LadyJ]

If that's the case then Im afraid you'll have to prepare yourself to go back home in the Philippines and your partner cannot keep your baby and the child must stay with you because you're not married. Seek an advice to the Citizen Advice Bureau as soon as possible if the father resfused to let you keep the child.

Your child might wont be able to get a British Citizen if your partner refused to support the childs application to get a British Citizen.

C.A.B. is free, phone them and make an appointment.

[LadyJ]

Also the child is gonna need a passport to travel to Philippines so apply her one as soon as possible. Go to Philippine Embassy's website for more information about how to register a child's birth and to apply a passport.

[LadyJ]

I take that you were pregnant before you travel to UK? because fiance visa is only valid for 6 months and pregnancy takes 9 months.

[joebloggs]

if your b/f is british, your baby should be british to, how old is your baby, where was your baby born, have you a birth certificate for your baby ?

you've left this late, if your visa runs out in a week ?

i would get free legal advice, tuesday morning go to your local CAB, local law centre and see if they can help...

but you have a small hope of staying here, but this might not be easy ..

Leave to remain in the United Kingdom as a person exercising rights of access to a child resident in the United Kingdom

248B. Leave to remain as a person exercising access rights to a child resident in the United Kingdom may be granted for 12 months in the first instance, provided the Secretary of State is satisfied that each of the requirements of paragraph 248A is met.


248A. The requirements to be met by a person seeking leave to remain in the United Kingdom to exercise access rights to a child resident in the United Kingdom are that:

(i) the applicant is the parent of a child who is resident in the United Kingdom; and

(ii) the parent or carer with whom the child permanently resides is resident in the United Kingdom; and

(iii) the applicant produces evidence that he has access rights to the child in the form of:

(a) a Residence Order or a Contact Order granted by a Court in the United Kingdom; or

(b) a certificate issued by a district judge confirming the applicant's intention to maintain contact with the child; or

(c) a statement from the child's other parent (or, if contact is supervised, from the supervisor) that the applicant is maintaining contact with the child; and

(iv) the applicant takes and intends to continue to take an active role in the child's upbringing; and

(v) the child visits or stays with the applicant on a frequent and regular basis and the applicant intends this to continue; and

(vi) the child is under the age of 18; and

(vii) the applicant has limited leave to remain in the United Kingdom as the spouse, civil partner, unmarried partner or same-sex partner of a person present and settled in the United Kingdom who is the other parent of the child; and

(viii) the applicant has not remained in breach of the immigration laws; and

(ix) there will be adequate accommodation for the applicant and any dependants without recourse to public funds in accommodation which the applicant owns or occupies exclusively; and

(x) the applicant will be able to maintain himself and any dependants adequately without recourse to public funds.


good luck, :xxgrinning--00xx3:

and goto CAB and your local law centre tuesday, you'll find your local law centre in the yellow pages, thompson directory

or here online http://www.lawcentres.org.uk/lawcentres/detail/find/

[KeithD]

and your partner cannot keep your baby and the child must stay with you because you're not married

Not correct, it is now classed in law as equal to marriage as they lived together as a couple, so both have equal rights to the baby. You will probably need his permission to take the baby with you, and as the baby was born here, I'd fill out a CSA form.

Go the CAB though on TUESDAY.

Have you got the kid a passport?

[Piamed]

and your partner cannot keep your baby and the child must stay with you because you're not married........Ofcourse you can bring your baby with you to any place you want to go.
Sorry, these are not necessarily correct statements as also pointed out by Keith.


Your child is automatically a filipino citizen, you can apply your child a Philippine passport to Philippine Embassy in London.

There are a number of caveats but generally children who are born in the UK on or after 21 May 2002, or in a qualifying territory, will always be British citizens otherwise than by descent if, when the child is born, one of the parents is a British citizen (it does not matter whether the parent is a British citizen by descent or otherwise than by descent).

We have heard your side but do not know about the other party, your husband's perspective; it's his child too and I hope you won't ignore that fact. Fortunately for you and not so for the child's father, although the Philippines is a signatory to the Hague convention its provisions are limited in this circumstance.

In any event, I hope that you both will be able to set aside your differences and think of the best interests of the child going forward and not any selfish or spiteful agendas either of you may or may not have.

I would also add that you need legal counsel and encourage you to seek advice from the CAB.

I pray for God's wisdom to direct you both.

God bless you all.

[Peanutz]

I just don't understand why you waited for long?
If you already know that you and your fiance are not going to get married?
As the other members says here, go to CAB ASAP. You might do some research online while you are waiting for tuesday to come...
Goodluck to you.

[Mrs.JMajor]

In any event, I hope that you both will be able to set aside your differences and think of the best interests of the child going forward and not any selfish or spiteful agendas either of you may or may not have.
God bless you all.

Was carried away on your story,and members advice are really great !Don't waste time,might afraid u will run out of time :NoNo:

[joebloggs]

bit late for setting aside their differences, her visa will soon expire, the guy wants her to go home without the baby :NoNo:

unless the lady has a job - which she cannot have on a fiance visa, savings and accommodation. i think she has little chance of staying in the uk. - i hope i'm wrong thou.

as for the baby, maybe its possible to get a court order giving you sole custody for the baby due to the circumstances..

also contact the philippine embassy in london, see if they can give you advice, but a law centre would be someone to contact first

i wish you luck, you will need it :NoNo:

[Terrielicious]

Goodluck to you, I dont know what to say cos I have no idea on how it goes here. Just keep posting what is happening and lots of people here will help.

[LadyJ]

Sorry guys but I'm quite disagree to some of you about who can keep the child.

What does the law say?
The Children Act 1989 says that the child's welfare is the most important consideration. The old word 'access' has been replaced by contact. This can refer to contact by letter, phone and actual visits. 'Custody' has been replaced by residence. The Act describes parental responsibility rather than parents' rights. If you were married when the child was born, both of you will have parental responsibility for the child. A father who was not married to the child's mother when the child was born, will not automatically have parental responsibility for that child. But can acquire it by agreement with the child's mother or by applying to the court. He can also acquire it by marrying the child's mother after the birth.


inUK

Please remember that you and your partner should work towards establishing a parenting agreement that will benefit your child. This is not about any other disagreement you may have. Although you may think that 'fighting' over your child shows your child how much you love him/her, this is not the case. A child, like the courts, will be waiting for you to co-operate together. Arrangements which are agreed between you are more likely to be honoured.

Time is a healer; things will get better if you try to stop hurting each other. Try to do something constructive for your patner, something that could build trust and co-operation. Stand back and reflect. Remember to see everything through the eyes of your child.

Be strong and goodluck to you.

[LadyJ]

Who has parental responsibility?
If the parents of a child are married to each other or if they have jointly adopted a child, then they both have parental responsibility. This is not automatically the case for unmarried parents.

According to current law, a mother always has parental responsibility for her child. A father, however, has this responsiblity only if he is married to the mother or has acquired legal responsibility for his child through one of these three routes:

(after December 1 2003) by jointly registering the birth of the child with the mother ***Which I suspect you have did this***
by a parental responsiblity agreement with the mother
by a parental responsiblity order, made by a court
Living with the mother, even for a long time, does not give a father parental responsiblity and if the parents are not married, parental responsiblity does not always pass to the natural father if the mother dies.

All parents (including adoptive parents) have a legal duty to financially support their child, whether they have parental responsibility or not.

Visit http://www.direct.gov.uk/en/Parents/ParentsRights/DG_4002954 for more info.

[joebloggs]

not so sure ladyj, i don't think it matters now if they are married or not.. it's a sign of the times with someone with a unmarried partner visa having same rights as a spouse visa..

but what judge would deny a mother the right to take her baby back home to her own country as she may no longer legally be able to stay here.. :Erm:

[joebloggs]

Unmarried Parents
If the parents of a child are not married, the child’s mother has full parental responsibilities and rights. The father has no automatic rights or responsibilities, unless he has registered as the child’s father and has signed the child’s birth certificate. This is the position in respect of unmarried fathers from 4th May, 2006. Unmarried fathers who signed the child’s birth certificates prior to this date have no automatic rights or responsibilities. It is open to the parents to enter into a Parent Responsibilities and Parental Rights Agreement, which effectively gives parental responsibilities and rights to the father. Such an agreement can be entered into whilst the parents are still together, and would afford the child’s father the same responsibilities and rights as the child’s mother. Parental Responsibilities and Rights Agreements are in a prescribed form and are simple to complete. They are clear in their terms. We can assist you in the completion of a Parental Responsibilities and Rights form. Alternatively, you can obtain a form from any Registrar's office or Citizens Advice Bureau.

If following a separation, unmarried parents are unable to agree on any issues in relation to the children, including the issue of with whom the child should live or how much contact the other parent should have, it is open to either parent to make an application to the court with a view to regulating these issues.

[Mrs.JMajor]

inUK
Time is a healer; things will get better if you try to stop hurting each other. Try to do something constructive for your patner, something that could build trust and co-operation. Stand back and reflect. Remember to see everything through the eyes of your child.
Be strong and goodluck to you.

You really smart i think you are the one who need to take up law anne, u always
make sense:xxgrinning--00xx3:

[LEAHnew]

:NoNo::NoNo:very sad.. All I can say ... be strong and good luck, May God bless you:xxgrinning--00xx3:

[kimmi]

:NoNo::NoNo:very sad.. All I can say ... be strong and good luck, May God bless you:xxgrinning--00xx3:

:xxgrinning--00xx3::xxgrinning--00xx3:


Who has parental responsibility?
If the parents of a child are married to each other or if they have jointly adopted a child, then they both have parental responsibility. This is not automatically the case for unmarried parents.

According to current law, a mother always has parental responsibility for her child. A father, however, has this responsiblity only if he is married to the mother or has acquired legal responsibility for his child through one of these three routes:

(after December 1 2003) by jointly registering the birth of the child with the mother ***Which I suspect you have did this***
by a parental responsiblity agreement with the mother
by a parental responsiblity order, made by a court
Living with the mother, even for a long time, does not give a father parental responsiblity and if the parents are not married, parental responsiblity does not always pass to the natural father if the mother dies.

All parents (including adoptive parents) have a legal duty to financially support their child, whether they have parental responsibility or not.

Visit http://www.direct.gov.uk/en/Parents/ParentsRights/DG_4002954 for more info.


Nice post sis..:xxgrinning--00xx3::xxgrinning--00xx3:

[CaptB]

Best thing to do is just get some legal advice, if you and your ex partner are still living in the same location get down to Relate and at least discuss what your plans are. You need to rectify this without forcing legal issues. There are some major factors you have to consider. If you try to just take matters into your own hands and try to get out of the UK with your child without conscent could go against you in court if things get to that point. At the moment generally the law is biast towards the female in a relationship
and likely to award you responsibility over your ex partner.

[inUK]

hi guys! feel so grateful in all ur replies....

just visit now coz busy with my baby

..........
but this is what we talked with my partner

we plan to apply an extension soon but we agreed also that if i cant get an extension for my visa,he will let me go the baby with me if leave in this country.

so just want ask you again if how and where i can get a passport for my baby?

thank you

[angel1231]

:Hellooo:hello and welcome to the forum.....im sorry to hear about ur situation..i dont think u can get a extention for ur fiancee visa once it reach the time and not yet maried u have to leave the country unless u want to be "TNT"and as for ur child u go to london or go online and print out some form and fill in the form ...and send it to london or better go in person..as the others says in the forum have u tried to go the citizen advice bureau where u lived?hope u find all the solution to ur situation ...gudluck to u.

[LadyJ]

angel1231 is right!

How many days you have left before your visa expiration? You can submit your application as long your visa is valid but do submit it in the home office as soon as possible! Once they received your application you can stay in the UK legally.

Submit all the supporting documents you have with your application but you may have only a little chance of getting a extension visa if your supporting docs are not strong enough. So be prepared!

For getting you child a Philippine passport go to the Philippine Embassy's website http://www.philemb.org.uk/ to download an application or go to their office in London.

You must take an action ASAP or you will ended up being overstay.

If you have anymore questions just come back here in the forum anytime or visit your local Citizen Advice Bureau or contact the Philippine Embassy.

[inUK]

hi angel and ladyj!!!

we made today and mail the application coz my visa will expire next week(friday)..is it possible to get an extension for that?or too late already?

by the way,if will get a passport for my baby is it philippine passport?she's registered here already and got her birth certificate..that means she's not a british yet?

[LadyJ]

You supposed to get married within the 6 months of your visa, unless you have a good reason why the marriage didn't happened and you provide a very strong evidences of your relationship then you might have a good chance of getting a visa, but no one can really tell.

I think its a good idea for your child to get a British Passport than Philippine passport. Get her Brit passport while you are here in UK, just pick up a form in one of your local post office or go to this website https://www.ips.gov.uk/ , for Philippine passport you can apply anytime when you are in the Philippines.

Goodluck to your application.

[pennybarry]

Why not call the Phil Embassy in london and ask them about your baby's passport. There's no problem if your baby's passport is filipino passport. The problem is you are getting late for your processing.
I have a friend in US and same problem with you, her visa expired because she believed her husband promise. She went home without her baby and she's devastated ! :omg: