URGENT PLS "Access rights as a parent of a child in the UK"

[RestyK]

Please my mum and my dad separated. Me and my siblings are now living with my dad in the UK but my mum wants to come to the UK to exercise her access right to us her children. However she applied for visa for her coming as a parent of a child settled in the UK and she was refused entry because they said she did not provide legal documents to show she has access rights. However, my dad wrote a sworn statement which he signed infront of the solicitor and that statement accompanied my mum's application. Is a sworn statement not enough because I read that it is as good as the order from court or something like that. Please help!! It's Urgent

[vinny]

(a) The applicant must provide evidence that they have either-
(i) sole parental responsibility for the child; or
(ii) direct access (in person) to the child, as agreed with the parent or carer with whom the child normally lives or as ordered by a court in the UK; and
(b) The applicant must provide evidence that they are taking, and intend to continue to take, an active role in the child’s upbringing.

Direct access in person
An applicant can qualify for leave as a parent if they have direct access in person to a child, as agreed with the parent or carer with whom the child normally lives or as ordered by a court in the UK. The applicant must prove they have direct access to the child by submitting evidence such as:
• a residence order or contact order granted by a court in the UK;
• a letter or sworn affidavit from the UK-resident parent or carer of the child; or
• evidence from a contact centre detailing contact arrangements.
The above evidence, or a reasonable equivalent, should establish that the applicant parent has direct access in person to the child, and describe in detail the arrangements which allow for this. If a sworn affidavit is submitted, it should be certified by a lawyer.
It is not enough for the applicant to provide evidence only that they have been granted direct access to a child. The Rules require the applicant to show that they have direct access in person to the child and are taking an active role in the child’s upbringing and will continue to do so. Where a parent applies for entry clearance to join a child in the UK, they must provide evidence of maintaining contact with the child and evidence that they intend to maintain contact once in the UK. The decision maker must be satisfied that direct contact in person with the child is the main reason for the application.

A sworn affidavit certified by a solicitor is sufficient to satisfy E -ECPT.2.4.(a). The ECO may have misinterpreted the meaning (21) of “or”.

[RestyK]

Me and my siblings plus my dad are going to court tomorrow because that same reason that legal documents weren't provided. Please if you don't mind explain, isn't a letter written by my dad and signed in the presence of the lawyer the same as a affidavit or what is an affidavit please? You help is really appreciated and thank you.

[vinny]

See also Affidavits: Q & As.

Overview of the Affidavit.

[Jordan30296]

Hi Resty,

I also applied for an access of rights visa and is still awaiting a decision. I didn’t provide a court order but only a affidavit from my child mother giving me access to see my child. Hopefully I don’t get refused because of it because the rules states that a sworn affidavit is enough.

A letter written from your dad and signed by him and also signed by the lawyer will be a sworn affidavit. The mother of my child signed her affidavit and also went to the court house to get the affadavit signed by a notary puplic which cost only £4.

How long did it take for your mother to receive a decision on her visa?

[RestyK]

Oh hi Jordan30296
Thank you for your information, my mum to find out that she was refused actually took about 2 months and a half.

Also one issue that I have seen is that our lawyer did not sign the affidavit, does that raise any alarms or do you think that could have been the reason as to why we got refused because they think it might be false. Thank you

[vinny]

What was the point of a sworn affidavit in front of a lawyer, if the lawyer didn’t certify the document with his signature and law firm’s stamp?

If a sworn affidavit is submitted, it should be certified by a lawyer.

[RestyK]

I am so sorry for misinforming you but this one that I have is a declaration which is almost the same as an affidavit apart from the fact that for the affidavit you have to sign it with a law officer witnessing and then him/her also signing on the affidavit. So let me rephrase my question again please, is a declaration from my dad dated and signed by him okay to prove that he has given my mum access rights. Thank you and sorry for giving you double work.

[vinny]

A certified sworn affidavit is probably safer.