Scrapping "Rights Of Access To A Child"

[Twin]

Please people, help me make sense of this:

The points-based system will rationalise and simplify our existing system for controlling immigration by migrants who wish to work or study in the UK, so that only the migrants we need are allowed to come to Britain.

The new system will not cover immigration routes that are unrelated to work or study. Thus it will not apply to visitors or to those applying as the family members of people settled in the UK, such as spouses. It will not apply to people seeking asylum or humanitarian protection here, or to those applying to stay into the UK after service with HM forces.

Finally, there are several routes on which consultation is ongoing outside the PBS. These are Commonwealth citizens seeking to come here under the UK Ancestry provisions, people applying to stay here under the Long Residence Rules, those exercising rights of access to a child and retired persons of independent means.

Does this mean that the government is looking to scrap this? This is like my last life line! I would be gutted if that is the case as i'm preparing my case to return home and make an entry clearance application under the "Exercising rights of access to a child in the UK".

Now, i'm scared to go back for the fear of being stuck! This is the only route I can use to be reconciled with my daughter. Am I just losing my mind for nothing?

Someone please help.

[Twin]

Anyway, does anyone know how long consultation takes before it is implemented?

surely if the "exercising rights of access to a child" rule is abolished, it would affect immigrant families.

I have scouted the internet and wasn't even able to find the so called consultation...

This is all I need!

[arshadh141]

Anyway, does anyone know how long consultation takes before it is implemented?

surely if the "exercising rights of access to a child" rule is abolished, it would affect immigrant families.

I have scouted the internet and wasn't even able to find the so called consultation...

This is all I need!

hi twin
you are going to kill me
this rule is last hope for me to see my son.
i personnely believe this is just fear..youn know why this rule was created in 2000.because there was human right article 8 claim by a kuwitain citizen Yusef and after european court ruling uk have to add this rule..i dont believe this is possible to scap this rule(i pray this never happened)

[Twin]

Anyway, does anyone know how long consultation takes before it is implemented?

surely if the "exercising rights of access to a child" rule is abolished, it would affect immigrant families.

I have scouted the internet and wasn't even able to find the so called consultation...

This is all I need!

hi twin
you are going to kill me
this rule is last hope for me to see my son.
i personnely believe this is just fear..youn know why this rule was created in 2000.because there was human right article 8 claim by a kuwitain citizen Yusef and after european court ruling uk have to add this rule..i dont believe this is possible to scap this rule(i pray this never happened)

Arshad,

I can't begin to tell you how I felt when I read it myself. Flabbergasted does not describe it in the least.

I have to say that I do share the same view that it can't be scrapped given the history behind it's creation in the first place. Perhaps, they have seen the loophole that some immigrants might use to obtain quick ILR and they are trying to increase the probationary period.

[sakura]

Anyway, does anyone know how long consultation takes before it is implemented?

surely if the "exercising rights of access to a child" rule is abolished, it would affect immigrant families.

I have scouted the internet and wasn't even able to find the so called consultation...

This is all I need!

hi twin
you are going to kill me
this rule is last hope for me to see my son.
i personnely believe this is just fear..youn know why this rule was created in 2000.because there was human right article 8 claim by a kuwitain citizen Yusef and after european court ruling uk have to add this rule..i dont believe this is possible to scap this rule(i pray this never happened)

Arshad,

I can't begin to tell you how I felt when I read it myself. Flabbergasted does not describe it in the least.

I have to say that I do share the same view that it can't be scrapped given the history behind it's creation in the first place. Perhaps, they have seen the loophole that some immigrants might use to obtain quick ILR and they are trying to increase the probationary period.

I was thinking the same thing (I didn't post it because I don't know enough about the consultation/route). Personally I think they would just increase the time spent on the visa (possibly to five years), and maybe allow people to work. I don't see how they can scrap this, without a legal battle. They might also want to monitor people (i.e. that they actuallly do maintain contact with the child(ren) and pay child support, etc).

By the way, I thought a decision on the Ancestry route has been made, and it will remain a visa category? So, maybe the have already decided on the 'access to a child' route too?

[Twin]

Anyway, does anyone know how long consultation takes before it is implemented?

surely if the "exercising rights of access to a child" rule is abolished, it would affect immigrant families.

I have scouted the internet and wasn't even able to find the so called consultation...

This is all I need!

hi twin
you are going to kill me
this rule is last hope for me to see my son.
i personnely believe this is just fear..youn know why this rule was created in 2000.because there was human right article 8 claim by a kuwitain citizen Yusef and after european court ruling uk have to add this rule..i dont believe this is possible to scap this rule(i pray this never happened)

Arshad,

I can't begin to tell you how I felt when I read it myself. Flabbergasted does not describe it in the least.

I have to say that I do share the same view that it can't be scrapped given the history behind it's creation in the first place. Perhaps, they have seen the loophole that some immigrants might use to obtain quick ILR and they are trying to increase the probationary period.

I was thinking the same thing (I didn't post it because I don't know enough about the consultation/route). Personally I think they would just increase the time spent on the visa (possibly to five years), and maybe allow people to work. I don't see how they can scrap this, without a legal battle. They might also want to monitor people (i.e. that they actuallly do maintain contact with the child(ren) and pay child support, etc).

By the way, I thought a decision on the Ancestry route has been made, and it will remain a visa category? So, maybe the have already decided on the 'access to a child' route too?

Hey Sakura,

Long time no chat. Glad to know you're great.

Yeah, isn't the decision on Ancenstry to keep it as it is? In that case could it be that the Access visa (if it has been decided with the ancestral visa) has been kept as it is?

I don't want any nastry surprises when I go out of the country to make an application only to find out that the process has changed.

What do you think, Sakura?

[sakura]

Hey Sakura,

Long time no chat. Glad to know you're great.

Yeah, isn't the decision on Ancenstry to keep it as it is? In that case could it be that the Access visa (if it has been decided with the ancestral visa) has been kept as it is?

I don't want any nastry surprises when I go out of the country to make an application only to find out that the process has changed.

What do you think, Sakura?

I will have to get back to you on that one, Twin! I haven't searched the BIA website for news on this route (I only know the 'easy' stuff )

However, I do wonder - have you thought of moving to another EU/EEA country instead of returning home? That way, you can move back to the UK (possibly) using the Chen ruling. Maybe you've already thought of this (sorry I can't remember all your details as of now), I just know that the Chen ruling allows for parents to work, meaning you can support yourself through employment.

[tasha75]

I just know that the Chen ruling allows for parents to work, meaning you can support yourself through employment.

No, Chen ruling doesn't allow parents to work, its UK route "right of access to a child" that allows.
You should remember that any non-EEA relatives who are granted leave to enter or remain on the basis of their relationship to an EEA child will not have access to the UK labour market (they are granted leave to remain with no access to employment or public funds.)

http://www.ukvisas.gov.uk/en/ecg/chapte ... r21annex3/

[Twin]

I just know that the Chen ruling allows for parents to work, meaning you can support yourself through employment.

No, Chen ruling doesn't allow parents to work, its UK route "right of access to a child" that allows.
You should remember that any non-EEA relatives who are granted leave to enter or remain on the basis of their relationship to an EEA child will not have access to the UK labour market (they are granted leave to remain with no access to employment or public funds.)

http://www.ukvisas.gov.uk/en/ecg/chapte ... r21annex3/

I was going to say that. Moreover, the Rights of Access visa is far better and easier.

Hey, Tasha. How far? Any latest development?

[sakura]

I meant that has she thought of moving to another EU/EEA country and then apply to return from there? Since with the Chen case, some countries other than the UK, has been implemented with a right to employment. Because I thought that under the 'right of access to a child' you could not work....but now I know that you can....

[arshadh141]

Please people, help me make sense of this:

The points-based system will rationalise and simplify our existing system for controlling immigration by migrants who wish to work or study in the UK, so that only the migrants we need are allowed to come to Britain.

The new system will not cover immigration routes that are unrelated to work or study. Thus it will not apply to visitors or to those applying as the family members of people settled in the UK, such as spouses. It will not apply to people seeking asylum or humanitarian protection here, or to those applying to stay into the UK after service with HM forces.

Finally, there are several routes on which consultation is ongoing outside the PBS. These are Commonwealth citizens seeking to come here under the UK Ancestry provisions, people applying to stay here under the Long Residence Rules, those exercising rights of access to a child and retired persons of independent means.

Does this mean that the government is looking to scrap this? This is like my last life line! I would be gutted if that is the case as i'm preparing my case to return home and make an entry clearance application under the "Exercising rights of access to a child in the UK".

Now, i'm scared to go back for the fear of being stuck! This is the only route I can use to be reconciled with my daughter. Am I just losing my mind for nothing?

Someone please help.

hi TWIN
If you describe your case in more detail...may be we can give you advise ....are you legal in uk at this time...have you got contact orders..are you paying child maintance......

arshad

[Twin]

Thanks Arshad, i've got things covered. I only lost it for a while.

Please people, help me make sense of this:

The points-based system will rationalise and simplify our existing system for controlling immigration by migrants who wish to work or study in the UK, so that only the migrants we need are allowed to come to Britain.

The new system will not cover immigration routes that are unrelated to work or study. Thus it will not apply to visitors or to those applying as the family members of people settled in the UK, such as spouses. It will not apply to people seeking asylum or humanitarian protection here, or to those applying to stay into the UK after service with HM forces.

Finally, there are several routes on which consultation is ongoing outside the PBS. These are Commonwealth citizens seeking to come here under the UK Ancestry provisions, people applying to stay here under the Long Residence Rules, those exercising rights of access to a child and retired persons of independent means.

Does this mean that the government is looking to scrap this? This is like my last life line! I would be gutted if that is the case as i'm preparing my case to return home and make an entry clearance application under the "Exercising rights of access to a child in the UK".

Now, i'm scared to go back for the fear of being stuck! This is the only route I can use to be reconciled with my daughter. Am I just losing my mind for nothing?

Someone please help.

hi TWIN
If you describe your case in more detail...may be we can give you advise ....are you legal in uk at this time...have you got contact orders..are you paying child maintance......

arshad