Can I enter U.K. as my daughter is British Citizen?

[muna]

I married my husband (British Citizen) in 2007 and am currently separated from him and back in my country (North Africa). Whilst in U.K. I had a baby in 2009. My husband is currently looking to divorce me. My one year visa is now expired. Can I still come back to the U.K. since my daughter is a British Citizen? Will be grateful for any advice.Thanks.

[Wanderer]

I married my husband (British Citizen) in 2007 and am currently separated from him and back in my country (North Africa). Whilst in U.K. I had a baby in 2009. My husband is currently looking to divorce me. My one year visa is now expired. Can I still come back to the U.K. since my daughter is a British Citizen? Will be grateful for any advice.Thanks.

Only on a visit visa if you are a visa national.

Spouse visa is two years not one, doesn't matter tho if it's expired.

If you need access and the child's father has custody, you can apply for access and then an access to child visa, but I don't think you are allowed to work on it.

[Kitty]

Paragraph 246 of the Immigration Rules: Requirements for leave to enter the United Kingdom as a person exercising rights of access to a child resident in the United Kingdom.

A one year visa, potentially leading to settlement. You can work.

Importantly you will need some kind of proof of your intention to maintain contact with your child: the Rules stipulate a residence or contact order, or a "certificate from a Distruct Judge". However, the guidance confirms that it is impossible to get a certificate from a DJ, so supporting evidence from the other parent setting out details of where and when contact will take place etc. can be used instead.

You must also be able to maintain and accommodate yourself without recourse to public funds.

I would recommend contacting your local British diplomatic post and getting some kind of written confirmation (e.g. by email) of the form you need to use (it's a VAF1). It's an unusual applicaiton and ECOs may not have experience of it, which could lead to an incorrect refusal.

Can you pursue formal contact with your child through a representative in the UK? What is your relationship with your ex like? If you can't get their co-operation in supporting a Paragraph 246 application, you will probably need to apply for a visit visa so you can get the court order you need. It will be tricky because you will need to demonstrate "returnability" for your visit visa: you can't apply as a parent exercising access from inside the UK unless you are here on a spouse etc. visa.

Search the forum for "access to a child" and "246": there have been a couple of posters with useful information about this route.

[alikhan28]

Paragraph 246 of the Immigration Rules: Requirements for leave to enter the United Kingdom as a person exercising rights of access to a child resident in the United Kingdom.

A one year visa, potentially leading to settlement. You can work.

Importantly you will need some kind of proof of your intention to maintain contact with your child: the Rules stipulate a residence or contact order, or a "certificate from a Distruct Judge". However, the guidance confirms that it is impossible to get a certificate from a DJ, so supporting evidence from the other parent setting out details of where and when contact will take place etc. can be used instead.

You must also be able to maintain and accommodate yourself without recourse to public funds.

I would recommend contacting your local British diplomatic post and getting some kind of written confirmation (e.g. by email) of the form you need to use (it's a VAF1). It's an unusual applicaiton and ECOs may not have experience of it, which could lead to an incorrect refusal.

Can you pursue formal contact with your child through a representative in the UK? What is your relationship with your ex like? If you can't get their co-operation in supporting a Paragraph 246 application, you will probably need to apply for a visit visa so you can get the court order you need. It will be tricky because you will need to demonstrate "returnability" for your visit visa: you can't apply as a parent exercising access from inside the UK unless you are here on a spouse etc. visa.

Search the forum for "access to a child" and "246": there have been a couple of posters with useful information about this route.

Form to use is VAF1A General
But you can not apply for access to child visa as child is with you and father is not interested.
Where is girl? In uk?

Ali

[vinny]

If you need access and the child's father has custody, you can apply for access and then an access to child visa, but I don't think you are allowed to work on it.

You are allowed to work (endorsement: code 1).

See also
Parents with access rights to children in the UK (246-248F)
Chapter 7 > Section 1.