ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

PARENT TO EXERCISE ACCESS RIGHTS TO CHILD IN UK

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

Locked
driveza
Newly Registered
Posts: 10
Joined: Sun Sep 02, 2012 2:46 pm
Location: WA

PARENT TO EXERCISE ACCESS RIGHTS TO CHILD IN UK

Post by driveza » Sun Sep 02, 2012 3:14 pm

Hi Everyone!

My daughter lives in the UK, with her mother. Her mother currently claims benefits and will be a full time student from this October. They are both British citizens.

I was wondering if i could apply to enter the U.K as a parent to exercise access right to my daughter. I currently live in West Africa and I do some freelance work.

Please advice the requirements and documents I need to make this application, and whether or not my daughters mother being on benefits will affect my application in any way.

Many thanks in advance [/b]

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Sun Sep 02, 2012 5:04 pm

The mother's circumstances are not relevant other than she can't be your partner. Your circumstances, and ability to support yourself, are what matters. Can you adequately maintain and accommodate yourself in the UK?

http://www.ukba.homeoffice.gov.uk/polic ... -a-parent/

driveza
Newly Registered
Posts: 10
Joined: Sun Sep 02, 2012 2:46 pm
Location: WA

Post by driveza » Sun Sep 02, 2012 5:41 pm

[quote="Lucapooka"] Can you adequately maintain and accommodate yourself in the UK?

Thank you for your response Lucapooka.

That is what i need guidance with. I have savings of about £3000 and have an employer who is willing to take me on for work, once I get to the UK.

Will this be classed as adequate?

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Sun Sep 02, 2012 7:33 pm

Lucapooka wrote:Can you adequately maintain and accommodate yourself in the UK?
2. Definition of ‘adequate’ and ‘adequately’
The Immigration Rules set out that ‘adequate’ and ‘adequately’ in relation to a maintenance and accommodation requirement shall mean that, after housing costs have been deducted, there must be available to the family the level of gross income that would be available to them if the family was in receipt of income support.


4. Prospective employment of the applicant
Only employment income of the applicant if they are in the UK with permission to work can count towards the requirement to be adequately maintained. Job offers or the applicant’s prospects of employment will not be taken into account.


http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary

driveza
Newly Registered
Posts: 10
Joined: Sun Sep 02, 2012 2:46 pm
Location: WA

Post by driveza » Sun Sep 02, 2012 8:02 pm

thanks again, for your response.

Is there an amount you can suggest, which will be adequate?

If i rent a flat for 700 a month and have the income support rate equivalent which is £71weekly (£284 monthly) as my allowance. That would equals £984 a month.

How many months money will i need to have to make the application?

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Sun Sep 02, 2012 8:49 pm

If you have no income and are relying on savings alone, I would have to say 33 months (the complete validity of the visa).

driveza
Newly Registered
Posts: 10
Joined: Sun Sep 02, 2012 2:46 pm
Location: WA

Post by driveza » Sun Sep 02, 2012 8:53 pm

No i will not be relying on savings, I will be working, if my visa permits.
Just wanted to know how much is enough to apply.

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Sun Sep 02, 2012 8:58 pm

driveza wrote:No i will not be relying on savings, I will be working, if my visa permits.
Just wanted to know how much is enough to apply.
Your visa will permit you to work however you cannot rely on prospective employment as you are not applying from within the UK with work permission.

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Sun Sep 02, 2012 8:59 pm

I realise that you intend to work, but you don't have a job now, at the time of applying and, as previously indicated above, the mere prospect or offer or a job will not be considered.

driveza
Newly Registered
Posts: 10
Joined: Sun Sep 02, 2012 2:46 pm
Location: WA

Post by driveza » Sun Sep 02, 2012 9:02 pm

thank you guys.

so I cant apply unless i have my monthly expenditure x 33months, basically?

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Sun Sep 02, 2012 10:16 pm

Well that is how I am interpreting the new guidance for parents. Before the rules changed, a similar mechanism was applied to maintenance based solely on savings for a partner visa, and these were projected over 27 months (the full life of the visa). Applications were refused when that sum was not available. I don't see why that mechanism should not be applied to this.

Locked