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very complicitated...child contact order validity

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arshadh141
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very complicitated...child contact order validity

Post by arshadh141 » Fri Oct 10, 2008 10:24 pm

Deleted.
Last edited by arshadh141 on Sun Nov 08, 2009 3:31 pm, edited 1 time in total.
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Wanderer
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Re: very complicitated...child contact order validity

Post by Wanderer » Fri Oct 10, 2008 10:38 pm

arshadh141 wrote:hi
I have a very complicted story..My ILR was refused on the grounds 248(ii) and 248(iii) of immigration rule.
I was granted 12 months leave to remain for access to child visa under rule 247 of immigration rule.
I have a contact order to see my son for 30 mintues every saturady in a contact centre...
Problem occured when my wife applied for 4 week holidays in Pakisitan and court allowed by accepting an statement from my wife that she would return at end of 4 weeks...but she never returned..i applied for specie order in high court and court order that she should return immideately on 0ct 2007..but she never returned
when i applied for ILR it was refused.I appealed but this refused as well.
I left uk...my wife is still in Pakistan

my question is I have court order for contact which is one year old..would this effect my application for access to child visa entry under rule 246.

please advise me
So everyone is now living in Pak? If so what's the relevence of ILR in UK? What's ur wifes nationality?
An chéad stad eile Stáisiún Uí Chonghaile....
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arshadh141
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Re: very complicitated...child contact order validity

Post by arshadh141 » Fri Oct 10, 2008 10:45 pm

Deleted.
Last edited by arshadh141 on Sun Nov 08, 2009 3:31 pm, edited 1 time in total.
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Wanderer
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Ireland

Post by Wanderer » Fri Oct 10, 2008 11:28 pm

To complex for me - I suggest a lawyer for this one, and I wouldn't even know in which country to get one, good luck mate.

Sorry can't really help...
An chéad stad eile Stáisiún Uí Chonghaile....
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Twin
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Post by Twin » Sat Oct 11, 2008 4:17 pm

Both contact order and residence orders are valid until a child turns 16.
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arshadh141
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Post by arshadh141 » Sat Oct 11, 2008 10:15 pm

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arshadh141
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Post by arshadh141 » Sat Oct 11, 2008 10:18 pm

Deledted
Last edited by arshadh141 on Sun Nov 08, 2009 3:32 pm, edited 1 time in total.
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Twin
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Post by Twin » Sat Oct 11, 2008 10:34 pm

http://www.row.org.uk/pdfs/cro.pdf

However, from your narration, it seems you only have a temporary order.
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arshadh141
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Post by arshadh141 » Sat Oct 11, 2008 10:55 pm

Sorry deleted
Last edited by arshadh141 on Sun Nov 08, 2009 3:33 pm, edited 1 time in total.
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Twin
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Post by Twin » Sat Oct 11, 2008 11:19 pm

If it was a permanent contact order it wouldn't read: "INTERIM" it would simply say 'CONTACT ORDER'.

The fact that you stated you had a subsequent hearing proves to me that the contact order wasn't finalised before you left the UK. If you had full contact order, there wouldn't have been any need for another hearing.

It's a shame you left (as i've said in the previous forum). The mere fact that you had a hearing was good reason for you to have been granted DL.

At this junture, it sees you would have to be really nice to your wife and apply for a spousal visa instead. I really don't see how the access rights visa can work now.

However, if you really don't want to return on spousal visa, you can wait until your wife returns to the UK and make an out of the rules application to the High commission on the basis of ongoing legal proceedings. Your interim order would back this up and you can also get the court in the UK to write a letter to support this. I think you would get a 3 months visa initially which can be extended in the UK.
arshadh141 wrote:
Twin wrote:http://www.row.org.uk/pdfs/cro.pdf

However, from your narration, it seems you only have a temporary order.
hi Twin
In my Contact Order it is not written tempory.it is written INTERMIN CONTACT ORDER

.what is tempory contact order...
what is tempory contact order? I have heared this term first time
would you explian this ? If this is tempory whould this effect my application for access visa
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arshadh141
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Post by arshadh141 » Sun Oct 12, 2008 9:03 pm

Delelted
Last edited by arshadh141 on Sun Nov 08, 2009 3:34 pm, edited 1 time in total.
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Twin
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Post by Twin » Sun Oct 12, 2008 9:32 pm

I'm afraid Arshad that you have answered your own questions so all that is left is for you to go for it and see. There is no harm.

You believe that an interim court order is as good as a final one so that's fine.

I think you're knowledgeable on this matter so my job is done here. Hopefully, others would be able to chip in.

Goodluck.
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arshadh141
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none

Post by arshadh141 » Sun Nov 08, 2009 3:35 pm

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