Access To Child Visa Waiting Times?

[Kadafi]

Hi

The mother of our child is applying on Monday for 'access to a child' living in the UK. Does anyone know the expected waiting times for this category? is it similar waiting times to family visit visa as that is what form is used? or is it longer like a settlement of up to 3 months wait?

Thanks

[7by7]

It is classed as a visit visa, so should fall into that category for processing. However, although this is a quite time of year for applications and so all categories are usually processed in 5 to 10 working days or less, remember that the floods are playing their part and so the time may be longer.

[Kadafi]

It is classed as a visit visa, so should fall into that category for processing. However, although this is a quite time of year for applications and so all categories are usually processed in 5 to 10 working days or less, remember that the floods are playing their part and so the time may be longer.

Thanks 7by7, yes we were expecting a delay due to the floods. It says on there website they expect to be still processing application within the normal timescales so hopefully we should hear within a couple of weeks and i will post the decision on here.

Thanks

[7by7]

I don't want to rain on your parade, but the relevent paragraph of the immigration rules is Para 246

246. The requirements to be met by a person seeking leave to enter 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;

and

(iv) the applicant intends to take an active role in the child's upbringing; and

(v) the child is under the age of 18; and

(vi) 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

(vii) the applicant will be able to maintain himself and any dependants adequately without recourse to public funds; and

(viii) the applicant holds a valid United Kingdom entry clearance for entry in this capacity.

(My emphasis)

From your previous posts; she is under 21 so cannot apply for settlement as your spouse/partner, has previously entered the UK with you and your child on an ordinary visit visa, applied in the UK to have that extended beyond 6 months and been refused and presumably returned to Thailand.

Are you now saying that the two of you have now permanently separated and that you have been granted custody by a court with her being given access rights under the custody order (although a sworn affidavit from the UK resident parent is acceptable instead of a court order, see VAT23.4 What evidence should the applicant provide to demonstrate that they have access rights to a child in the UK?)?

If not, I must strongly advise against any attempt to deceive the ECO and UKBA that such is the case when in fact you are still a couple and intend to continue living together as a married couple. Any such deception is almost certain to be discovered at some point, and could result in her permanent exclusion from the UK.

Better for you to wait until either she is 21 or the law is changed following the recent Supreme Court ruling that raising the minimum age for settlement as a spouse or partner from 18 to 21 is unlawful (see this topic).

[Kadafi]

Yes the child has been permanently living with myself in the UK for the last 5 months and has been attending full time daycare while ive been working. We could not obtain a court order due to the fact a judge would not grant one with my partner not being in the Country so the UKBA have confirmed they will accept a sworn affidavit which has been done.

Also we have in writing from the UKBA that the access to a child visa applies to all parents and not just those who are separated and also it applies to ALL ages not just those over 21.

Our application has taken months to prepare and no deception at all has been used, just a genuine family that has been ripped apart for the last 5 months. We have done everything that has been asked of us, my partner left the UK once her appeal was rejected so she is applying from Thailand now...we can do no more, fingers crossed.

[7by7]

..............we have in writing from the UKBA that the access to a child visa applies to all parents and not just those who are separated..............

Which is different to information I received last year on behalf of a friend of mine, though her circumstances were different. Maybe the Zambrano ruling has something to do with it.

Best of luck, let us know how you get on.

[Kadafi]

..............we have in writing from the UKBA that the access to a child visa applies to all parents and not just those who are separated..............

Which is different to information I received last year on behalf of a friend of mine, though her circumstances were different. Maybe the Zambrano ruling has something to do with it.

Best of luck, let us know how you get on.

Yes maybe it has been changed as I read somewhere that a decision was refused because of them not being separated (I think this happened a couple of years ago). I then requested written confirmation from the UKBA, this confirmation letter is inside our visa application.

[Kadafi]

They called my wife today to ask her some questions, is this standard practise? questions like ''what visa are you applying for? where is your son now? whos looking after him? why you not apply for settlement?''. I dont know if they think she had nothing to do with the visa preparation but all these answers are explained in her visa application and certainly the type of visa she's applying for.

Anyway apparently she was told by someone at the VFS when submitting the application that even though she has marked that she wants 1 year she can only spend a maximum of 6 months in England? but thats a tourist visa? we have paid the fee of access to a child of 13,250 baht and clearly stated on the form, so that visa should be valid for 1 year? i dont understand why someone would tell her she would only be able to stay 6 months.

[7by7]

Telephone interviews are not uncommon. As long as your wife's answers were consistent with the information submitted with the application there wont be a problem.

The person at VFS has it wrong; child access visas are valid for 12 months and after she has spent 12 months in the UK she can apply for ILR.

VFS staff are there simply to check the paperwork; they should not be offering immigration advice!

[Kadafi]

VFS staff are there simply to check the paperwork; they should not be offering immigration advice!

I know, it kind of angered me when my wife told me as I knew they were giving incorrect information. I just had to double check with her that she didnt change the date following there advice (she confirmed she didnt and kept it as 1 year).

[Kadafi]

Also what has confused me, my wife has told me she had to totally re-write the whole application form at the VFS because they said it was outdated? (VAF-1B form). I downloaded it straight from the uk border agency website so i cant see how its an outdated form.

[Kadafi]

Documents have been returned so decision must have been made in about 5 days. Documents have been returned to wife's cousins house and shes away for a few days so have to wait until she gets back to find the outcome...frustrating!

[Kadafi]

The visa was accepted! it was a long hard road but now we are so happy they came to a quick and correct decision... also ILR in 12 months

Shows that couples dont have to be separated to gain a access to a child visa. Also so glad we pulled out from using a immigration solicitor who wanted to charge 3,500 pounds, putting the application together took along time but saved alot of money and taught me alot.

Happy days thanks for people help and of course 7by7

[VisasPlus]

Is the reason that you did not apply for a settlement visa because your wife was under 21 at the time ?

[Kadafi]

Is the reason that you did not apply for a settlement visa because your wife was under 21 at the time ?

yeah that was the rule when we applied and then a couple days after it was overturned back to 18..oh well, these things happen i guess.

[7by7]

Congratulations, and thanks for clarifying through her success the separation issue.

Remember that although she can apply for ILR after 12 months not 24, she will still need to satisfy the KOL requirement to get it.

[Kadafi]

Congratulations, and thanks for clarifying through her success the separation issue.

Remember that although she can apply for ILR after 12 months not 24, she will still need to satisfy the KOL requirement to get it.

thanks, i know she has to do the life in the uk test as ive purchased the books for her already. Will she have to do a language test also?

[7by7]

The LitUK test is taken in English, so there is no separate language test.

If her English isn't up to it (ESOL entry level 3 or better) then she can take an ESOL with citizenship course instead. See the link in my previous post.