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You impress me, Kate!kate4885 wrote:further to my earlier post in respect of using this rule as a means to obtain entry clearence I have now had definative word from Meg Hillier, the Under Secretary of State in the form of a personal letter dated the 14th of January 2008.
she confirms that this rule is applicable to all parents who have a child resident in the uk. In respect of the necessary evidence required for this rule she said the following (i have inserted anything in italics so as to make sense )-
' following investigations by my officials last year, it is apparent that applicants can no longer make use of this option ( namely obtaining a district judges certificate). Therefore this has been replaced by the option of supplying a sworn affidavit from the non applicant parent ( ie the UK resident parent or carer of the child ), confirming that the applicant parent can have access to the child, and describing in detail the arrangements made to allow for this. The statetment must be sworn before and attested by a legal officer (this will be an officer of the court who can be found at any magistrates or county court ). if contact is supervised, then the statement must be made by a supervisor.
In due course the rule will be amended to take account of this, but i can assure you that all British Diplomatic Posts, which is where this type of application must be made, wee made aware of this amendment last November.'
that said when i contacted the Australian embassy they had never even heard of rule 246 let alone the amendment.
i hope this helps someone - pays to be persistent i guess
kate4885 wrote:the rule is for both parents who are still in a relationship and for those who have split up
i was told by the australian embassy that it would take 4 weeks to process an application under this rule. he simply has to file the paperwork and then it is referred back to the UK - it is not an application that the embassy can determine
as for the status of the children - they must be uk citizens as far as im aware - you would need to check if it is sufficient for them to have indefinate leave to remain - i would have though so as the rule states that they need to be 'resident' in the uk
as a starting point you could email the Uk visa people - they take about two days to reply
goodluck
10.8 - Exercising right of access to a child resident in the United Kingdom wrote:The criteria for admission in this capacity are very strictly drawn and all applications are mandatory referrals to:
NCC2 (see Chapter 25.4)
Vinny, you are awesome!vinny wrote:See also 246a SUCCESS access rights to a child resident case