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Discussion Starter · #1 ·
Hello everyone.
I have a question regarding obtaining a visa.

I'm a non EU citizen my student visa is about expire next year. I have a child with a EU citizen who I have been supporting financialy (supporting my child) although we no longer live together. I do see my son every weekend.

Is there a visa I can apply for so I can stay in the UK if so what type is it.

Many thanks
 

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I don't think you are eligible under the family route, as the other parent is neither a UK citizen nor is settled (has ILR) in UK (I'm assuming this).
Your child’s other parent must be a British citizen or settled in the UK.
There are certain derivative rights of residence under EU rules, but in each case you must be the primary carer. Seeing your son at weekend won't make you one.
So the only way I can see is under Article 8 of ECHR about right to private and family life. You need skilled legal help.
 

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Sorry, I had assumed the EU partner is settled in the UK. I shouldn't make assumptions, my mistake!
 

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Discussion Starter · #5 ·
Thank you both for your response. At least you both have pointed me into the right direction.

Many thanks once again.
 

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Hello everyone.
I have a question regarding obtaining a visa.

I'm a non EU citizen my student visa is about expire next year. I have a child with a EU citizen who I have been supporting financialy (supporting my child) although we no longer live together. I do see my son every weekend.

Is there a visa I can apply for so I can stay in the UK if so what type is it.

Many thanks
You may wish to look into the Chen cases. If you are the primary carer of an EEA minor children exercising EU treaty rights in the UK, you may be able to stay in the UK. For details, please see link below -

www.gov.uk/government/publications/...carers-of-eea-minor-children-chen-cases-eun05
 
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