Access To Child Visa Info Required

[Djetou]

Hi does anyone know the visa form for access to a child living in the UK? also would an english language test be required for this category? also would a TB test be required?

Many thanks

[kunash]

any child under the age of 11 does not need a TB test done. i believe if the child is under 18 they will not need to do the language test, though if they become 18 while on a settlement visa, they will need to take the test

will the child be joining its mother in the UK? what type of visa does the mother have? how old is the child? normally any visa issued to a child will be linked to the mum's visa with the same expirey date.

[7by7]

Kunash, I think the OP is asking about a visa for an adult so that they can have access to their child who is living in the UK with the other parent.

Djetou, I think VAF1B is the correct form.

As this type of visa is valid for 12 months they will need a TB certificate.

They will not need an English certificate as they are not applying to join a spouse, partner or fiance.

You may find this topic helpful.

[kunash]

Kunash, I think the OP is asking about a visa for an adult so that they can have access to their child who is living in the UK with the other parent.

Djetou, I think VAF1B is the correct form.

As this type of visa is valid for 12 months they will need a TB certificate.

They will not need an English certificate as they are not applying to join a spouse, partner or fiance.

You may find this topic helpful.

my mistake, sorry

[Djetou]

Thanks 7by7, would she have to pass the 'life in uk test'? or is that the same thing as an english test?

also would a sworn statment from myself have to be witness/signed by a legal rep or anyone? a resident order is unobtainable due to the fact she is not a resident here and a judge will not issue a contact order due to the fact she cannot appear at the hearing because she is in Thailand (this is what my local court has told me).

So a sworn statement is our only option.

Edited September 9, 2011 by Djetou

[7by7]

The English test I referred to is a basic test of speaking and listening which is mandatory for all those applying to come to the UK as a spouse, partner or fiancé; unless they come from an English speaking country or are otherwise exempt.

The LitUK test, or an ESOL with citizenship course, is required by everyone over 18 and under 65 applying for Indefinite Leave to Remain in the UK, unless they are exempt for disability reasons.

If she obtained this visa, which is valid for 12 months, she could apply for ILR after being in the UK for 1 year.

I'm afraid, as you can see from the topic I linked to, that I don't know a great deal about this. The friend in that topic obtained her visitation rights while she was in the UK with a normal general visit visa.. Maybe that's the way to go here.

[Djetou]

Thanks 7by7, it states on a few other websites that its the VAF1A form and not the VAF1B..many people are confused over which form to submit. I have emailed the UKBA regarding confirmation on the form, not sure if i will get a response or not.

I have found the following update on the UKBA website:

** We have received legal advice that the requirement at Paragraph 246(iii)( b ) of the

Rules is now impossible to fulfil. Until such time as it is possible to amend the Rule,

caseworkers and Entry Clearance Officers may accept in place of this option, a

sworn affidavit from the non-applicant parent, (i.e. the U.K. resident parent or carer

of the child), confirming that the applicant parent can have access to the child, and

describing in detail the arrangements made to allow for this. If contact is supervised,

then the statement must be sworn by the supervisor.

Please note that this is not the same option as exists at Para 248A(iii)( c )of

the Rules for in-country cases. In the case of Para 246 cases, (i.e. those made at

Posts abroad), this statement must be sworn before and attested by a legal officer.

I take it that this suggests that as my partner (parent of child) is submitting the application outside of the UK (Thailand) my sworn statement will need to be signed/witnessed by a legal officer? is any solicitor classed as a legal officer?

Edited September 11, 2011 by 7by7
Unintentional smileys removed

[7by7]

is any solicitor classed as a legal officer?

I believe so, yes.

[Djetou]

does the life in the uk test have to be taken in thailand before the visa can be submitted or can she do it once she arrives in england?

if it has to be done in thailand, does anyone know a test centre in bangkok?

[7by7]

The Lit UK test, or equivalent course, can only be taken in the UK.

[Djetou]

Anyone know the correct fee to be paid in thai baht at the VFS for access to a child visa? I cannot find it on there website.

Thanks

[Djetou]

My wife booked her appointment and travelled to Bangkok today, they have refused to issue a TB certificate because she is under 21?? the TB certificate is required for the visa application but how can she get one if they have refused due to her age? (20 years old).

Anyone know?

[Djetou]

My wife booked an appointment and went this morning but was rejected because she was under 21?? she is 20 and needs a tb certificate for her uk visa application or it will be rejected! how can she obtain a tb certificate? anyone know?

[Djetou]

anyone know?

[bobrussell]

My wife booked her appointment and travelled to Bangkok today, they have refused to issue a TB certificate because she is under 21?? the TB certificate is required for the visa application but how can she get one if they have refused due to her age? (20 years old).

Anyone know?

This sounds like nonsense! Children under 11yrs are exempt from the requirement for TB testing but almost everyone else needs to be tested in high risk countries! Is there a mix up with the requirement for a settlement applicant to be over 21?

This requirement seems to have been deemed unlawful so should not apply either!

Edited October 25, 2011 by bobrussell

[toddmeister]

Does she have to say its for a settlement visa? Students who travel to the UK to study need a TB test too and they are under 21 so can't see why they would refuse based on age. There were some students getting there's done when my wife had her test certs issued and they had no problems.

How are you addressing the settlement visa issue though??? The rules still say you can't apply for a settlement visa if under 21 years old as far as I know?? I know it was challenged in court recently but not sure of the outcome

The UKBA website still currently state:-

You must show that:

you are both at least 21 years old (or 18 years old if you or they are a serving member of HM Forces) on the date when you would arrive in the UK or when we would give you permission to remain

[Djetou]

Well from speaking to her now it seems that they just talked her out of getting it done, they asked her which Country she was applying for and when she said the UK they more or less refused to test her and acted like they knew the immigration rules inside out. I have sent them an email asking for an explanation as my wife pre booked the appointment and had to leave home at 5am just for some jobworth to send her back home again.

We are applying for 'access to a child' living in the UK as our son is living here with me, not sure if it will get excepted or not but we will submit every bit of information they have asked for and i also have an email from the UKBA stating that she doesnt have to be over 21 to apply for this visa.

Does she have to say its for a settlement visa? Students who travel to the UK to study need a TB test too and they are under 21 so can't see why they would refuse based on age. There were some students getting there's done when my wife had her test certs issued and they had no problems.

How are you addressing the settlement visa issue though??? The rules still say you can't apply for a settlement visa if under 21 years old as far as I know?? I know it was challenged in court recently but not sure of the outcome

The UKBA website still currently state:-

You must show that:

you are both at least 21 years old (or 18 years old if you or they are a serving member of HM Forces) on the date when you would arrive in the UK or when we would give you permission to remain

[7by7]

Indeed, all persons over 11 applying in Thailand for a visa to enter the UK for more than 6 months require a TB certificate; regardless of the category of visa they are applying for.

Whoever told your wife that she has to be over 21 is talking rubbish.

I am certain that no one at the IoM clinic would have told her this nonsense.

NB.

I have moved some posts from another topic to this one. Please do not post the same question in multiple topics; it causes confusion and duplication.

[ThaiVisaExpress]

Sounds like Thailand to me they have no idea.

[Djetou]

Whoever told your wife that she has to be over 21 is talking rubbish.

I am certain that no one at the IoM clinic would have told her this nonsense.

well i got an email back from the loM as i asked for them to explain themselves, they remembered my wife and basically started back tracking and saying it was a misunderstanding..my wife told me they then telephoned her to apologize for the mix up. They should not even be asking about her visa and giving out advice, they should just take the money and carry out the test. She has gone back there today, maybe this time it can get sorted.

[Djetou]

Is the IOM in Bangkok currently closed because of the flooding?

Edited October 27, 2011 by 7by7
Moved: again! Please do NOT post in a topic nearly 18 months old when you have a current one running on the same subject!