Access To A Child Resident In Uk.

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Hi

However, Para 320(11) says

Grounds on which entry clearance or leave to enter the United Kingdom should normally be refused

(11) where the applicant has previously contrived in a significant way to frustrate the intentions of these Rules. Guidance will be published giving examples of circumstances in which an applicant who has previously overstayed, breached a condition attached to his leave, been an Illegal Entrant or used Deception in an application for entry clearance, leave to enter or remain (whether successful or not) is likely to be considered as having contrived in a significant way to frustrate the intentions of these Rules.

Earlier this year a couple of members had their partner's settlement visas refused under this paragraph; both refusals were appealed, but the members concerned have not yet, as far as I know, had the appeals heard.

I read the explanation of para 320(11) and it explained "contrived in a significant way to frustrate the intention of the rules" as some who had been as absconder, be a facilitator in committing another immgr. offence, used the NHS which they are not entitled, but said the offence will be considered against the case(if its justified to refuse an applicant considering the case). I am really worried about this as I want this to be sorted, so I can be the father that I suppose to be to my son. Some more advice would go a long way.

Thanks

Coming to your situation

1.Your overstay would not be problem due to home office concession and I have seen that some overstayer were granted this visa easily.

So overstay woulld not be problem.

But you need to show

1.Contact order or sworn statment from yours girl friend

2.you have to prove you can maintain and accommodate yourself without resource to public funds.

Stvert

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Hi 7By7

Just to resolve your confusion

1.If got entry clearance under rule 246 oversea then you have at apply for ILR under rule 248D.

Rule 248 A would not apply on you.This is for people who are in UK on spouse visa and whose marriage broke and they apply for access to child visa.

Second Yes work is allowed on this visa category.

Third your friend need to get Resident Order from Family Court that child woudl reside with her in Uk and then can apply for access to child visa.If father show some interest in child(i.e like he got contact order) then she has very good chance for visa.