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If H returned to Bangladesh, he would be unable to obtain a contact order; it was therefore vital that H remained in the UK for the duration of the contact proceedings.
It would be very unfair if they use that as a line of refusal for one to join his/her child/ren when the courts have ruled that you have a right of access.kate4885 wrote:im sure that is right but knowing how the Home office work, they will no doubt try and and say you are an overstayer and use that against you
what part of the contact order do you differ on
the contact order 'by consent' was given to me by the High Commission in Australia who read me an actual order attached to an application they had granted
i outlined my circumstances and the very nice Entry Clearance Officer checked with the Home Office and got back to me two days later
They can also freely exit any EC country:Member States shall
grant Union citizens leave to enter their territory with a valid
identity card or passport and shall grant family members who
are not nationals of a Member State leave to enter their territory
with a valid passport.
True, the limit on stay for spouses of EC members is 3 months - that is three months per entry. Countries like Spain seem to have quite generous allowances.all Union citizens with a
valid identity card or passport and their family members who
are not nationals of a Member State and who hold a valid passport
shall have the right to leave the territory of a Member
State to travel to another Member State.
Join permanently or visit? We need more info.Site2Site wrote:Can anyone help me with this issue? I've tried to view the 11 replies that appear to have been posted to my initial question, but am unable to. I so appreciate all the information on this board, but would be even more grateful if someone could let me know what I need to do to join my daughter in the UK.
Thanks
I am looking to join her permanently.Wanderer wrote:Join permanently or visit? We need more info.Site2Site wrote:Can anyone help me with this issue? I've tried to view the 11 replies that appear to have been posted to my initial question, but am unable to. I so appreciate all the information on this board, but would be even more grateful if someone could let me know what I need to do to join my daughter in the UK.
Thanks
Heneni wrote:Hello!
I have just joined and spotted this topic. I have recently discovered this category myself, and to say the least I'm over the moon.
Twin, who I see has also posted here has given me some usefull advice.
My ex-husband is willing to give me a sworn affidavit. I'm thankful he is willing to co-operate. However, the most challenging I have encountered regarding this application is which form to complete.
I really do think it is form VAF4 (which Twin also suggested). This form seems to give you the option to work. However my local visa office has suggested VAF1, where there is NO option to work, and it clearly says, that if you complete 'this' section, please be adviced that you cannot work in the UK as a visitor. However this would be against the immigration rules for this category
Form VAF1 and form VAF4 both require a sponsor. My ex-husband is not sponsoring me financially.
So then...what to do? I have lodged a complaint regarding the lack of information regarding this category at various places, and have contacted many places to ask for more information. I seriously doubt whether my local visa offica has any idea what I am talking about.
When they suggested VAF1 they must have thought that the application is under the 'old' immigration rules under the same 'heading' -right to access a child.
When I spoke to the lady at our local office, she thought I was kidding when I said that I am allowed to work while accessing rights to my children.
Surely there must be greater communication and training for visa officers. The reprocussions of a visa official giving me the wrong form to complete will most certainly fall on me, and maybe an appology form the border agency...or not.
Does anyone really know which application form to complete?
I have looked at the entire UK visa site and the Embassy site, and no joy.
There are many forms, just not one for this category....
Perhaps they are terribly busy updating all the information on their site, given the huge immigration reform. Perhaps this is a 'low priority' category
Anyway, I can not describe the feeling of the possibility to be re-united with my children. For that I am thankful.
Thank you for any advice!
You should apply to the British Embassy in the US for an EEA Family Permit to be issued to you in accordance with the Chen judgment. You will be able to join your daughter in the UK, but you will not be able to work (in accordance with the Chen judgment, you should be able to demonstrate self-sufficiency).Site2Site wrote:I am looking to join her permanently.Wanderer wrote:Join permanently or visit? We need more info.Site2Site wrote:Can anyone help me with this issue? I've tried to view the 11 replies that appear to have been posted to my initial question, but am unable to. I so appreciate all the information on this board, but would be even more grateful if someone could let me know what I need to do to join my daughter in the UK.
Thanks
Chen conditions would not apply in such a case, since the child of the non-EU citizen wishing to enter the UK is British. The child has to be a citizen of another EU Member State, for EU law to apply, afaik.Fuscia wrote:what are the conditions to entry?
will it have a bearing if the individual who was not british previously overstayed? he wasn't caught he left on his own. he has a british child who is nearly 5. and is married to a british woman. Spouse visa has been denied twice.
thanks.
In this case, forget about the Chen case. It doesn't apply to this case. I'm sorry if I confused the issue. It seems that the father may be able to return to the UK using the legislation detailed by the OP.Fuscia wrote:Hi, thanks for the reply, but i dont quite understand your response. The father is Pakistani and has been in Pakistan since early 2006, he went back to come back to the UK to legalise his stay. He had overstayed previously for about 7 years, he wasnt caught he left himself. He admitted to overstaying and working in the UK illegally, and his visa was refused twice bwcause when he was here he married a asylum seeker, before the CoA came into play. His wife now got British citizenship through legacy and they have a biological daughter who is nearly 5. She is also British, Living in the UK now. Spoue visa was refused because the HO did not believe the marriage was real.
We were wondering whether this could be a possible way to get him into the UK. He has seen his daughter in only 3 times 3 years. will this be an issue?