Access to Child Visa

[lscarr01]

Hi there,

I have a few questions regarding this visa. Firstly, I can't find the cost of application for this visa whatsoever! Is anyone able to enlighten me on this?

Also, it will be my boyfriend that will be applying, but he will be staying with me when he moves over here - what amount does he need to have in his bank account, and does it need to be from a company or can it be from a family member that is willing to vouch their support financially with an accompanying letter?

Thanks in advance,
Laura

[vinny]

Family life as a parent.

[Obie]

Furthermore, it is worth noting that the authorities will not grant your boyfriend this visa if it come to their knowledge that you are in a boyfriend and girlfriend relationship.

[lscarr01]

Oh dear! I didn't know that we could not be in a relationship to do this. It does not state that within this:

Requirements for leave to remain in the United Kingdom as a person exercising rights of access to a child resident in the United Kingdom
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.
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.
3
Refusal of leave to remain in the United Kingdom as a person exercising rights of access to a child resident in the United Kingdom
248C. Leave to remain as a person exercising rights of access to a child resident in the United Kingdom is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 248A is met.
Indefinite leave to remain in the United Kingdom as a person exercising rights of access to a child resident in the United Kingdom
248D. The requirements for indefinite leave to remain in the United Kingdom as a person exercising rights of access to a child resident in the United Kingdom are that:
(i) the applicant was admitted to the United Kingdom or granted leave to remain in the United Kingdom for a period of 12 months as a person exercising rights of access to a child and has completed a period of 12 months as a person exercising rights of access to a child; and
(ii) the applicant takes and intends to continue to take an active role in the child's upbringing; and
(iii) the child visits or stays with the applicant on a frequent and regular basis and the applicant intends this to continue; and
(iv) 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
(v) the applicant will be able to maintain himself and any dependants adequately without recourse to public funds; and
(vi) the child is under 18 years of age; and
(vii) the applicant must have demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL; and
(viii) the applicant does not fall for refusal under the general grounds for refusal.

Can you please clarify the bit in bold as maybe it's the wording I don't understand - is it saying that you can be in a relationship (for this visa) or are they talking about a separate visa here?

[vinny]

Obie is correct.

Unfortunately, you are looking at the wrong rules. A246 and AB246 are applicable. Therefore, you should be looking at Family life as a parent of a child in the UK
Section EC-PT: Entry clearance as a parent of a child in the UK.

In particular, E-ECPT.2.3(b)(ii), etc.

[Obie]

Obie is correct.

Unfortunately, you are looking at the wrong rules. A246 and AB246 are applicable. Therefore, you should be looking at Family life as a parent of a child in the UK
Section EC-PT: Entry clearance as a parent of a child in the UK.

In particular, E-ECPT.2.3(b)(ii), etc.

Thanks Vinny for assisting will the citation of the relevant provisions.

I concur with you fully.

[lscarr01]

Thanks both, you've been amazing. We nearly applied for the wrong visa!