ON FLR(M) and separated, curtailed temporary BRP. Visa holder has a child with ex UKC

Hi all,

I wanted to ask some very specific questions on the below scenario. A friend of mine is trying to obtain this information from the gov uk site and is unable to do so.

An FLR(M) person and wife of a UKC recently separated from her husband, divorce imminent, they also have a child.

On reporting the separation to the HO, the partner (his wife) was issued with a temporary visa and curtailment (I.e. her FLR (M) was cancelled and new temporary BRP was issued for 90 days).

During this time, the partner (his wife) has decided to do an in country switch from the cancelled FLR(M) visa and curtailed temporary BRP to that of a parental visa on the basis of a british child.

The partner (his wife) has asked her ex husband to sign the additional part 2 appendix form (Consent for HO to verify third party information) which is part of the “Apply as a parent route”.

My question therefore is, if she is currently separated from the father of the child, on what grounds does the father need sign the PART 2 form?

Secondly, does anyone know what the Parent Visa form requirements are and the specific application form and the entire process?

Lastly, am I correct in understanding is even though the partner (his wife) has been a lawful resident in the UK throughout her initial spousal visa and FLR (M), once she switches to the Parental visa within the timeframe of her curtailed special conditions BRP, then the clock would start again and she will need to complete another 5 years on the parental route in order to obtain ILR/Citizenship based on the british child?

Appreciate your responses :-)
Thanks


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This blog might help with your first two questions?
https://ukvisa.blog/2019/01/06/parent-of-a-british-child-visa/

Lastly, am I correct in understanding is even though the partner (his wife) has been a lawful resident in the UK throughout her initial spousal visa and FLR (M), once she switches to the Parental visa within the timeframe of her curtailed special conditions BRP, then the clock would start again and she will need to complete another 5 years on the parental route in order to obtain ILR/Citizenship based on the british child?

You are correct.

It’s a tough thing to be “stuck” in the UK due to a breakdown of marriage but the wife is absolutely doing everything by the book and the husband needs to cooperate, unless he wants a court to grant her permission to repatriate and barely see his child.  She is endeavouring on a long, expensive route for the sake of her child.  Hats off to her!

It’s a tough thing to be “stuck” in the UK due to a breakdown of marriage but the wife is absolutely doing everything by the book and the husband needs to cooperate, unless he wants a court to grant her permission to repatriate and barely see his child.  She is endeavouring on a long, expensive route for the sake of her child.  Hats off to her!

I agree! I think her husband was only questioning why he needs to sign part 2 consent form as he is not sure on what grounds his name would have been mentioned on the application form, and they have no joint assets together at all (as in they don’t have any joint accounts, mortgages, council tax etc as they have been living separably for some time) and going through divorce proceedings through the courts.


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I agree! I think her husband was only questioning why he needs to sign part 2 consent form as he is not sure on what grounds his name would have been mentioned on the application form, and they have no joint assets together at all (as in they don’t have any joint accounts, mortgages, council tax etc as they have been living separably for some time) and going through divorce proceedings through the courts.


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They share a child!  And that child's information is all over the application.  They need his consent.