Access to a child visa refused

[Edu27]

I have been refused my access to a child visa for these reasons -
ECO Reasons for Refusal
You have applied for an entry clearance to settle in the UK as the parent of your son.
You have submitted yous son's birth certificate and a copy of his Slovakian passport however you have not provided evidence that
your child is settled in the UK.
I therefore refuse your application under paragraph E-ECPT.2.2 of the Appendix FM of the Immigration Rules.
Furthermore, you have provided a letter from his Mother stating that she has given you consent to have access to your
son however you have not produced evidence that formal arrangements have been made in the UK addressing your access rights and
that you are taking, and intend to continue to take, an active role in the child's upbringing. i therefore refuse your
application under paragraph E-ECPT.2.4 of appendix FM of the Immigration Rules.

The situation is this, I separated from my son's mother, and she returned to the uk six months ago with him. I dont have any formal arrangements to prove Im taking, and Im intend to continue to take an active role in my son upbringing. I do talk to him every day by phone or skype. Im not helping then financially right now but I intend to do that when I arrive in UK.
I have any chance to appeal? What I should do to prove that?
Thank's a lot for any information

[sierra]

hi hope you will be reunited soon with your family. you did not mention about whether your wife want to be with you or she is just agreed to give you access to your child .
and were you involve in childs life before her mum moved to uk.etc and
try to get help from a solicitor as well as they can make you a good case file.

[Kitty]

What is your nationality?

What is your ex's nationality?

Does she have British citizenship, ILR, or Permanent Residence in the UK? What about your son?

Were/are you and your ex married?

The new requirements (for applications submitted on or after 9 July) for access to a child require that the child is "settled" and not simply "resident" in the UK, which is usually taken to mean having Permanent Residence (if an EEA national), Indefinite Leave to Remain, or British citizenship.

[Edu27]

Hi everyone.
So, me and his mother broke up in last march so she decided to returned to uk. She's from Slovakia. I lived with my son from birth till last march, this is the first time we separated. Im going to live alone there and his mother gave me a sworn letter agreeing to have access to my son.
My son born in UK in february 2009, I lived there with him but I was leaving there illegally. We came to Brazil(Im from Brazil) in May 2011.
His mother is settle there, she have a permanent job and my son going to nursery everday, And we didn't get married before.

I hope I didnt forgot anything

Thank's everyone for your support

[Obie]

I am sure your ex partner can provide a sworn adffidavit.

[Edu27]

Hi Obie, thanks for reply

So, I ask my ex- partner if she can do that sworn adffidavit as you said and she is ok with that. Where she can do? With any solicitor or notary public? Any idea how much cost?

And in this sworn adffidavit She should put all arrangements in there, as wich days am I can visit him, unsupervised visit??

Thanks everyone

[Obie]

It really depend on the solicitors. It should not cost much.

Once your arrangement has been properly drafted, then your ex can take it to the commissioner of oath. There is a small fee for that too. It is vital that the arrangement is very detailed.

You may even qualify for an EEA family permit if you ex is exercising treaty rights in the UK.

[Edu27]

Thanks again Obie!
U know where I can find a example of this letter? I want find out exactly what I should write.
I have just 18 days left to appeal and Im getting really nervous with that, can't imagine myself to be separated from my little boy for much longer.

Sorry to be a pain and keeping asking things but Im trying to find a maximum information as possible to do everything properly

Thanks

[Edu27]

Sorry, I forgot to ask, what exactly mean exercising treaty rights?

[Obie]

Well it seems you will not be considered for EEA family permit under the EEA regulations as you are not the primary carer of a self sufficient EEA child.

In regards to the affidavit, well i have no template.It should be centered around your arrangement, state the arrangements you have made, that you intend to comply with it fully. That your plan to come to UK is to play a role in your child's life and not simply for visa.

[Edu27]

Good evening.
I wish you guys could help me if possible. I applied for a visa to access child but my request was refused for the following reasons, I have not proved that my child is a permanent resident in the UK. My son was born in England and lived there for 2 years and 3 months when we came to Brazil where he lived for 10 months and returned to England with his mother. He and his mother are from slovakia. He attends nursery and is already registered for the primary school in 2013. I do not have attached these information in my application before. So, you guys think that would change anything with this information? I read something about sworn affidavit but do not know how and where to do it, any advice? The mother of my child said she may do that if necessary. I resided in England for few years without a visa and left the country in 2010, this interferes something in the process? When I applied before I reported about it but they have not mentioned anything about it as reason to deny my visa.
I did not appealed, and am thinking of applying for the visa again. But I heard that if they do not have 5 years of residence the visa will be denied once again that's true?
Any advice will be welcome.

[Obie]

So, how long has your child's mother lived in the UK for?

How long has your child lived in the UK for?


Is your baby's mother working in the UK?

The rules since July seems pretty harsh on EEA national partents, wishing to exercise access rights to their chid in the UK. The previous rules has no requirement for PR or British Citizens.