lostimmigrant17

Hello, this is kind of long so please bear with me. Its urgent!

2006
I am an Indian and got married in 2005 to a british citizen and had my kid in India in 2006 and got my family visa for 2 years.

Then in 2008
I got my PR visa from london, but I did not stay back in London and use to travel back and forth. But after 2009 i wasnt able to travel due to family and job problems and in 2011 my PR visa expired.

Fast forward 2013
MAY'13
Me and my son travel on family visit visa and return within a month with no issues.

July 2013
I again travel on same family visit visa but this time I did not have a return ticket and because I was planning to settle now, so when immigration officer asked "if i was planning to settle down" I said ,"YES" and did not realize my mistake.
And they put me and my son in some prison sort of place. Conduct inquiry and somehow my husband manages to get us out but they issue us "deportation letter" and ask us to return on "returning resident visa"

We come back to India and apply for returning resident visa but were denied because there were "insufficient proof of my husband sponsoring us". Now they give us chance of appeal, but because my husband is not interested in all of the expenditure and drama , leaves us hanging and doesn't apply for appeal.

2016
With alot of pleading and everything, things got settled with my husband and he sent us all the required documents for family settlement visa, but due to lack of financial resources, and my husbands unwillingness to pay for the visa we couldnt apply.

2017

Now people have been telling me I should apply for registering my son for british citizenship, who is 11 years old now and after that going for guardian visa for myself.

All the documents including sponsorship letter are an year old now.

I don't know what to do? Should I go on family visit visa and then do something from within UK? or I dont know.. can someone please guide.
Its very important for me.

Thank you!

mikelincs

You problem would seem to be that your child is already a British Citizen, assuming your husband was a British Citizen at the time of his birth and was able to pass on British Citizenship, if this is correct then your child can't get the Tier 4 visa as he is a British Citizen, and the guardian visa is for parent of a Tier 4 student. In any case as your husband is living in the UK then your child already has a parent here and the visa would be very unlikely to be granted.Whatever the outcome your husband would need to have financial responsibility, and you say he isn't prepared to go through the expense and drama. You do seem to need the advice of a competent specialist. Hopefully BritinParis will be along shortly to help.

lostimmigrant17

Yes, my husband is a british citizen and was one when my child was born and my husband is still in UK.

The problem is I want to go there with my child and want my rights as well as my husband has disturbed us alot over the past years. And I have been getting advises like

"go for tier 1 - entrepreneurship visa, it will give me rights", but I am only willing to risk only if its worth all the cost.

Other advice is to get my child a British passport and then go for guardianship ..
Everybody is just confusing us

BritInParis

Your son is already a British citizen. You need only apply for his British passport. Given your husband's reluctance to support you or sponsor your visa application may I suggest that getting a divorce might be the best course of action? You have seemed to spent the majority of your married life apart and neither of you seem particularly interested in living together as a married couple.

Once divorced, if your son was live with his father, then you could obtain a visa that would allow you to live and work in the UK in order to help raise your son.

https://www.gov.uk/join-family-in-uk/eligibility

mikelincs

Thanks BiP, I knew you would have an answer.

lostimmigrant17

Divorce is not an option. And will getting my child's passport give me any major right to enter UK? Are there any other options? I have his sponsorship documents and everything but they are from last year... will they work?? Please guide with any other option if possible. Thank you so much!

BritInParis

I am confused as to your motivation. Do you want to be reunited with your husband or simply be able to live in the UK? If it's the former then your husband needs to be willing to reconcile with you and sponsor your application for a spouse visa. If it's the latter then simply obtaining a British passport for your son won't help you.

lostimmigrant17

My husband has been nothing but trouble for me and the laws in India are not strict enough to get him back to his senses. Now I want to go there and sit in his house and become his responsibility,because he is scared of the laws of UK and fears me coming there. Will my one year old document work?
Also people have been telling me to go on Tier 1(entrepreneurship visa).. will that be of any use? Will it help? Should I take the risk?

Sorry for so much confusion...

az2014

So the only reason you want to come to the UK is to annoy your husband by sitting in his house and be his 'responsibility'?

Yea OK stay in India please.

BritInParis

I think you should stay where you are. There's obviously nothing positive for you in the UK.

petitefrancaise

what are you proposing to do exactly?
Divorce under UK law? Would that be more advantageous to you financially?

I realise that we don't know what your life in India is like but living with a man such as your husband sounds terrible.

Divorcing him in India as BritinParis suggests would get you back to the UK. Would you be able to look after yourself financially? Would you have friends or relatives that can help you with somewhere to live? There are shelters available that can help you.

lostimmigrant17

So. The legalities have been going on in India for more than 4 years now and there has been no progress.I have no one except my husband and my kid. And my husband has had his share of fun without any responsibility. He never came to discuss the financial responsibility or the terms for divorce. And yes i think it will be better if I come there and solve the matter in UK. As he is already a divorcee from his previous marriage.. He knows the consequences of divorce in UK.. Thats why i want to come there.. Because if nothing else my presence would change his mind and I know that from experience..

Lastly.. Please dont judge me.. I have been trying vey hard.. I am in dire need of solution.. Will tier-1(enterpreneuship) visa be worth all of this?

Thank you

BritInParis

Not unless you have £50,000 and a business plan.

https://www.gov.uk/tier-1-entrepreneur

SanDiegogirl

..... but, unfortunately, you have no status on which to enter and live in the UK. If your husband does not wish to sponsor and support you (or cannot because he does not meet the financial requirements) then you will not be eligible for a settlement visa.

You have no 'rights' to enter and live in the UK. Your marital issues must be solved in India.

quiltman

I'm afraid it happens here as well, not very often admittedly. UK guy marries Filipina , maybe has child, then disappears back to UK. Files for divorce ,usually on separation, gets it and is free to remarry. BUT because divorce is illegal here, (and in Vatican City!!) his wife is still considered married here, unless she can afford both the time and money to apply for an annulment or recognition of the foreign divorce - which takes years.
It looks like she's out of luck unless husband is willing and able to sponsor her.