VAT23 Parents with access child in UK inquiry

[moepro]

Hello again,

Thanks guys for answering my previous post yesterday when you informed that i still can get a visa to see my 2 years old british child and i followed ur links

Chapter 7 - Other categories > Section 1. http://www.ukba.homeoffice.gov.uk/sitec ... schapter7/

VAT23 Parents with access rights to children in the UK
http://www.ukvisas.gov.uk/en/ecg/visita ... cessrights

And it happened by chance today that my wife contacted me and asked for divorce and she agreed on giving me the access letter, but i have some few questions

is the VAT23 visa is under a visitor visa rules? i mean i cant work or study or get married or switch my visa under other category? and if you guys know where i can see the "what i can and what i cant do"

What the length time of staying i have to apply to, and how much I must have in my bank account, i mean how much i must have for a month?

is it helpful to get letter from my EU friend who lives in london to sponsor me?

Where can i find the visa form that i need to fill to apply?

Any other helpful information i need to be aware of will be appreciated cause i seem to be having all the documents now.

Thanks alot again

[moepro]

any help

[Kitty]

Yes, you apply for the visa using the visit visa form VAF1A (because that generates the correct fee: an access to a child visa is substantially cheaper than other settlement visas).

However, it does allow you to work: you need to be able to live in the UK "without recourse to public funds". Are you likely to get work? How much do you have in savings?

You may switch to (e.g.) leave to remain as a spouse once in the UK, but as the access to a child visa leads to ILR after only one year (provided you maintain contact with your child and fulfil the other requirements) then I can't see why you'd want to.

Check this thread:

http://www.ukba.homeoffice.gov.uk/polic ... les/part7/

[moepro]

Yes, you apply for the visa using the visit visa form VAF1A (because that generates the correct fee: an access to a child visa is substantially cheaper than other settlement visas).

However, it does allow you to work: you need to be able to live in the UK "without recourse to public funds". Are you likely to get work? How much do you have in savings?

You may switch to (e.g.) leave to remain as a spouse once in the UK, but as the access to a child visa leads to ILR after only one year (provided you maintain contact with your child and fulfil the other requirements) then I can't see why you'd want to.

Check this thread:

http://www.ukba.homeoffice.gov.uk/polic ... les/part7/

Kitty thanks for the answer

But an expert before told me there's no way to switch the Visit visa in the United kingdom, and that I have to go back to my home country and apply again

And as a spouse leave to remain, my marriage is broken down, and at the time I am trying to get shared custody over my daughter with my wife in exchange for the divorce, so I dont think I can apply for ILR as a spouse since I will not be married, and that may cause getting refused in the embassy, check 35.3 in the following link
http://www.ukvisas.gov.uk/en/ecg/chapte ... tion31-35/

and for work you said it DOES allow me to work, but check 35.5 in this link http://www.ukvisas.gov.uk/en/ecg/chapte ... tion31-35/

thats why I am confused, it does not say anywhere I can or I cant work, and if not on which category I can get ILR since there will be no marriage and its a requirement for the parents relationship to be broken up

and for savings i will have between 4000-5000 pounds will that be enough? and as I said I have an EEU friend who works on london, can he sponsor me?

Thanks alot again

[Greenie]

The ECG is quite misleading - I'm not sure why it says that - however I am quite sure that you can work on an access to a child visa - the rules say you need to show that you can maintain yourself without recourse to public funds but not that you need to maintain yourself without taking employment.

The visa you are applying for is not a visit visa, you are just required to complete the visit form as this generates the visit fee. The conditions of the visa and the fact that you can apply for indefinite leave remain after one year is set out in the guidance on the particular category. You will not be applying for ILR as a spouse but for ILR as a parent exercising rights of access.

The immigration rules for the category you are applying under do not state that you will not be able to work - if that was the case they would say so.

[Kitty]

If you are in the UK at the moment on a spouse visa, and the relationship has broken down, you cannot apply for ILR as a spouse. However, you can switch into the category of access to a child.

If you are currently here on some other kind of visa, or already outside the UK, you will need to leave and apply from outside the UK.

Where are you at the moment?

If you are in the UK, what kind of visa do you have and when does it expire?

[Kitty]

I think the ECG is out of date: it also includes references to returnability, cost of onward journey etc., none of which are relevant to Paragraph 246 applications now.

[Greenie]

I think the ECG is out of date: it also includes references to returnability, cost of onward journey etc., none of which are relevant to Paragraph 246 applications now.

yep i agree probably the case but I thought they had all been updated recently when they changed from the DSPs to the ECGs. Thought I was going a bit mad...! Don't have time to look at the old rules now but it does ring a bell that possibly there was previously a prohibition on employment hence why they had to apply on visit visa form.

[moepro]

Well thanks again guys for the reply u were really helpful

@Kitty I am from Jordan, and I've never been to England.

And I am just asking because I dont wanna say I am going to work if thats not allowed and cause to myself getting refused. I just want to make sure that I am allowed to work and to get ILR.

And about my bank statement i have around 3000-4000 at the main time, will that be good to show to the embassy when i apply for the visa or do I need more?

and if the information is out dated do u know where I can see the new ones??

Thanks alot again guys its really appreciated.

[Kitty]

You are certainly allowed to work in this category.

I don't know when the ECG was last updated, but the refusal formulae in the relevant IDIs do not contain the reference to employment that is worrying you:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Can you obtain a sworn statement from your child's other parent confirming details of how you will maintain contact with your child?

In terms of finances, where do you plan to live in the UK? Do you know what your accommodation expenses will be? You will need at least £105.75 per week after rent and council tax. If you can provide evidence of your chances of finding work in the UK, this will help you a great deal.

I also do recommend that you contact UK Visas by email to get their confirmation that VAF1A is still the correct application form. Access to a child is a relatively unusual application, and the fact that you use a visit form to apply for it is confusing (as you yourself noted!), so help the ECO out by providing evidence that you're doing it right!

[Kitty]

yep i agree probably the case but I thought they had all been updated recently when they changed from the DSPs to the ECGs. Thought I was going a bit mad...! Don't have time to look at the old rules now but it does ring a bell that possibly there was previously a prohibition on employment hence why they had to apply on visit visa form.

Interesting: when I double-checked on the correct form to use, UKBA insisted it was so that the correct fee requirement was generated, rather than for any other reason. It's currently £265 (substantially cheaper than settlement visas, especially when you consider that it can lead to ILR after only 12 months!).

The format of the visit visa form means it's inevitable that the applicant has to provide a complete cover letter, explaining how he/she actually meets the requirements of the Rules.

It's an interesting category: I did try it once for a married couple under 21 with a child, as they couldn't use the spouse route after the new age restrictions. It was refused on the basis they weren't separated, although there is actually no requirement for that to be the case. Sadly there was no appeal

[moepro]

You are certainly allowed to work in this category.

I don't know when the ECG was last updated, but the refusal formulae in the relevant IDIs do not contain the reference to employment that is worrying you:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Can you obtain a sworn statement from your child's other parent confirming details of how you will maintain contact with your child?

In terms of finances, where do you plan to live in the UK? Do you know what your accommodation expenses will be? You will need at least £105.75 per week after rent and council tax. If you can provide evidence of your chances of finding work in the UK, this will help you a great deal.

I also do recommend that you contact UK Visas by email to get their confirmation that VAF1A is still the correct application form. Access to a child is a relatively unusual application, and the fact that you use a visit form to apply for it is confusing (as you yourself noted!), so help the ECO out by providing evidence that you're doing it right!

Well yes I have told me my ex about it and I think I am getting a shared custody and it may be detailed agreement that she's giving me shared custody in an exchange for divorce but she's going to ask her lawyer first.

My ex and my child are currently in Hull now, and as I mentioned I will have around 3k-4k in my account at the time i apply for the visa, and I can enclose a sponsoring letter from a friend of mine who works in London

[moepro]

yep i agree probably the case but I thought they had all been updated recently when they changed from the DSPs to the ECGs. Thought I was going a bit mad...! Don't have time to look at the old rules now but it does ring a bell that possibly there was previously a prohibition on employment hence why they had to apply on visit visa form.

Interesting: when I double-checked on the correct form to use, UKBA insisted it was so that the correct fee requirement was generated, rather than for any other reason. It's currently £265 (substantially cheaper than settlement visas, especially when you consider that it can lead to ILR after only 12 months!).

The format of the visit visa form means it's inevitable that the applicant has to provide a complete cover letter, explaining how he/she actually meets the requirements of the Rules.

It's an interesting category: I did try it once for a married couple under 21 with a child, as they couldn't use the spouse route after the new age restrictions. It was refused on the basis they weren't separated, although there is actually no requirement for that to be the case. Sadly there was no appeal

So Kitty its definitely the visit visa form and the fees are £265? and if so where I can download this form?

guys I am sorry for asking too much but its a bit confusing, cause i swear I am contacting the embassy since over 18 months now, and one time a guy in the visas department in the embassy told me I have never heard of a visa to visit your child, and the World Bridge guy told me "No such visas, unless you sort your relation with your wife" and that was so depressing. but now I can see much hope, thank you guys

[Kitty]

The fee is £265 at the moment:

http://www.ukvisas.gov.uk/en/howtoapply ... feesothers

You can contact the UKBA using their enquiry form:

http://www.ukvisas.gov.uk/en/aboutus/en ... /contactus

or by contacting your nearest application centre:

https://www.visainfoservices.com/Pages/SendAnEmail.aspx

I suggest doing it by email rather than phoning. Refer to the Immigration Rule under which you are applying (Paragraph 246) and ask for confirmation that form VAF1A is correct.

[moepro]

The fee is £265 at the moment:

http://www.ukvisas.gov.uk/en/howtoapply ... feesothers

You can contact the UKBA using their enquiry form:

http://www.ukvisas.gov.uk/en/aboutus/en ... /contactus

or by contacting your nearest application centre:

https://www.visainfoservices.com/Pages/SendAnEmail.aspx

I suggest doing it by email rather than phoning. Refer to the Immigration Rule under which you are applying (Paragraph 246) and ask for confirmation that form VAF1A is correct.

Thanks alot Kitty, I just sent the email, and I will post what happens with me here, maybe other people find it helpful

and by the way you said you have tried this to under 21 couple before, what documents did you enclose if you can tell...

[Kitty]

Hi moepro. A rough guide to documents/evidence for this visa:

1. Child's birth certificate naming you as the father; certified copy of child's British passport if available, or mother's if possible.

2. Court order setting out contact and/or residence OR a sworn statement from the child's mother setting out when and where contact/residence will happen

3. Evidence of the address where your child normally lives: utility bills/council tax etc. addressed to the child's mother. The most likely evidence that the child also lives there will probably be correspondence about Child Benefit/Child Tax Credit/Doctor's appointments.

4. Evidence of any contact you have had with your child, particularly in the last 3-6 months (phone bills/emails/letters or cards). You must confirm that you intend to maintain contact with the child, and this will help support that.

5. Evidence that you will have somewhere to live when you come to the UK (tenancy agreement/receipts for rooms reserved). You should at least arrange something short-term in advance, and you can then provide evidence of the kind of accommodation you will rent longer-term.

6. Evidence of your finances. Bank statements going back 6 months to show any savings. Evidence of your qualifications (original certificates and especially English language qualifications) and work experience, and any UK job searches you have done (print out internet searches of available jobs that you could do), to show you can maintain yourself without needing state benefits.

Can your ex assist with flat- or job-hunting?

Documents should be originals. Anything not in English must be accompanied by a certified translation.

It's not a complete list: the kind of documents you can provide depend on your circumstances, and what's available.