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Right to access child visa

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Simon77
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Right to access child visa

Post by Simon77 » Mon Mar 02, 2015 10:20 am

Hi everyone. My ex-wife is looking to get a visa for the UK and exercise her rights to see our child. Our child lives with my parents, who have custody of him. If my ex wife enters the UK she will be able to stay with myself for any length of time and will be able to visit my son on weekends, which is what I currently do. She wishes to take up employment as well whilst she is in the UK, although whilst unemployed I would be able to support her as I am in full time employment. I've done some research on the matter and older posts suggest that I would need to fill out the VAF1A form. However, the VAF4a appendix form that is related to exercising rights to see a child says that the VAF4a form must be filled out. Please can anyone advise me as to the exact documentation she would need to fill out for the visa and also which supporting documentation she would need for an application? Many thanks

Mauser1905
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Location: NE Scotland

Re: Right to access child visa

Post by Mauser1905 » Mon Mar 02, 2015 1:20 pm

Simon77 wrote:Hi everyone. My ex-wife is looking to get a visa for the UK and exercise her rights to see our child. Our child lives with my parents, who have custody of him. If my ex wife enters the UK she will be able to stay with myself for any length of time and will be able to visit my son on weekends, which is what I currently do. She wishes to take up employment as well whilst she is in the UK, although whilst unemployed I would be able to support her as I am in full time employment. I've done some research on the matter and older posts suggest that I would need to fill out the VAF1A form. However, the VAF4a appendix form that is related to exercising rights to see a child says that the VAF4a form must be filled out. Please can anyone advise me as to the exact documentation she would need to fill out for the visa and also which supporting documentation she would need for an application? Many thanks

Yes main form has to be filled and Appendix 5 to be supplied. https://www.gov.uk/government/uploads/s ... vaf4a5.pdf

Does child's mother have access rights? Evidence will be required to ECO.

This is visit visa and does NOT entitle mother to work or access to public funds.

And how would you do this? (Unless you meant ex-wife is unemployed)
although whilst unemployed I would be able to support her as I am in full time employment
How is she going to convince that after accessing her visitation rights to child she is going back to home country? Especially if you are financially supporting her. And you have made her intention clear that she wants to take up work here!

Obie
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Ireland

Re: Right to access child visa

Post by Obie » Mon Mar 02, 2015 11:58 pm

Mauser the right to access a British or Settled Child is not a vistor visa. It is a visa with a path to settlement.

OP's wife will need to demonstrate that a court has granted her access right, or the parents have agreed for her to see the children.

She will need to demonstrate that she has sufficient resources not to be a burden on the UK social security.

If successful in obtaining the visa, she will be entitled to work, and will be on a 5 years path to settlement.
Smooth seas do not make skilful sailors

Simon77
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Joined: Mon Mar 02, 2015 10:09 am

Re: Right to access child visa

Post by Simon77 » Tue Mar 03, 2015 9:07 am

Many thanks for the replies and advice here. My ex wife has access rights to the child and this can be proved with the paperwork from the court in addition to a letter from my parents. I'm guessing that a job offer would probably be beneficial for her?

Just to confirm then, the forms she needs to fill out are the VAF4a form and appendix 5?

In addition would she also need medical checkups and police clearance?

Mauser1905
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Joined: Mon Jul 02, 2012 9:35 am
Location: NE Scotland

Re: Right to access child visa

Post by Mauser1905 » Tue Mar 03, 2015 10:21 am

Obie wrote:Mauser the right to access a British or Settled Child is not a vistor visa. It is a visa with a path to settlement.

OP's wife will need to demonstrate that a court has granted her access right, or the parents have agreed for her to see the children.

She will need to demonstrate that she has sufficient resources not to be a burden on the UK social security.

If successful in obtaining the visa, she will be entitled to work, and will be on a 5 years path to settlement.
I stand corrected. Thanks Obie.
THE PARENT OF A CHILD IN THE UK – as the parent of a child who is a British citizen or settled in the UK, you can apply for permission to enter or stay here. You will need to show that you have sole responsibility for the child, or at the very least access rights. You must also show that you can maintain yourself without relying on public funds, together with suitability and English language requirements. If you meet all the requirements you will be given temporary permission to remain in the UK for 30 months. You will be eligible to stay for a further 30 months if you continue to meet the requirements and after 5 years you can apply for ILR (Indefinite Leave to Remain).

If you are outside the UK you must obtain your visa before travelling. If you are already in the UK you will be eligible so long as you are not on a visitor visa or on temporary admission, permission to stay was not given for a period of less than 6 months (unless as a fiancé(e) or proposed civil partner) and you are not in breach of the Immigration Rules (overstaying for less than 28 days will not be taken into account).
Taken from website: http://www.iasservices.org.uk/family-visas/

singlemum
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Re: Right to access child visa

Post by singlemum » Tue Jun 30, 2015 9:47 am

I just applied and got this Visa recently.
All I needed was proof that letters were addressed to my british kids to my address and I also had to proof that I had access to them 5 days out of 7 in a week
In your case, your ex wife will be granted a visa easily if she has the court document you mentioned and she also has to proof that she plays a role in the kids upbringing

rehan146
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Joined: Wed Sep 14, 2016 11:03 pm

Re: Right to access child visa

Post by rehan146 » Thu Sep 15, 2016 12:56 am

singlemum wrote:I just applied and got this Visa recently.
All I needed was proof that letters were addressed to my british kids to my address and I also had to proof that I had access to them 5 days out of 7 in a week
In your case, your ex wife will be granted a visa easily if she has the court document you mentioned and she also has to proof that she plays a role in the kids upbringing

I am looking forward to apply in same category..Can u plz tell how did you prove adequate maintenance...I mean how much money I have to show in my bank account for example if my expenses are 1000 pounds a month then for how many months exepences I need show as my saving & for how long this money should maintained in my account

noajthan
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Re: Right to access child visa

Post by noajthan » Thu Sep 15, 2016 8:30 am

Member in question only posted once - over 15 months ago.
Suggest open own topic.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

galactus_hungers
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Joined: Fri Jun 09, 2017 3:30 pm

Re: Right to access child visa

Post by galactus_hungers » Sun Jun 18, 2017 9:51 am

HI gents when you say visitation evidence through the courts what do you mean by that, i have an ex thai finance we have a child together i take care of the child in the UK

We have 50/50 custody through the thai courts, what is needed to show she has access rights?

Wanderer
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Ireland

Re: Right to access child visa

Post by Wanderer » Sun Jun 18, 2017 11:44 am

galactus_hungers wrote:HI gents when you say visitation evidence through the courts what do you mean by that, i have an ex thai finance we have a child together i take care of the child in the UK

We have 50/50 custody through the thai courts, what is needed to show she has access rights?
This thread is two years old, most posters get what they want then never come back.....
An chéad stad eile Stáisiún Uí Chonghaile....

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