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In your case, i think the highlighted area will be in play, but due to the fact you are missing the highlighted area below, it would be difficult to convince them you are exercising your right to access a UK citizen/ Legally resident child, unless you can show court documents which shows the process is ongoing to obtain right of access.[b] Immigration Rules on Refusal[/b] wrote: (7C) Paragraph 320(7B) shall not apply in the following circumstances:
(a) where the applicant is applying as:
(i) a spouse, civil partner or unmarried or same-sex partner under
paragraphs 281 or 295A,
(ii) a fiancé(e) or proposed civil partner under paragraph 290,
(iii) a parent, grandparent or other dependent relative under paragraph 317,
(iv) a person exercising rights of access to a child under paragraph 246, or
(v) a spouse, civil partner, unmarried or same-sex partner of a refugee or person with Humanitarian Protection under paragraphs 352A, 352AA, 352FA or 352FD;
On your appeal, you can state that you think your matter should be looked at compassionately or on the grounds of the exemption provided for in 320(7C), on the grounds that you are obtaining the Entry Clearance inorder to proceed with legal action, which will enable access to a child Lawfully resident in the UK, and hence the consequence of a breach in 7A should be exempted on grounds of 7C. [/b][b] Guidance for Parent Seeking leave to enter to Exercise Access rights[/b] wrote: LEAVE TO ENTER AS A PERSON EXERCISING RIGHTS OF ACCESS
The requirements to be met by a person seeking leave to enter in order to exercise access rights are set out in Paragraph 246-8F as amended in Cm4851 Statement of changes in Immigration Rules and must be referred to when reading the following advice.
2.1.
Key points
􀂋 the applicant is the parent of a child who is resident in the United Kingdom; and
􀂋 the parent or carer with whom the child permanently resides is resident in the United Kingdom; and
􀂋 the applicant produces evidence that he has access rights to the child in the form of:
(a) a Residence Order or a Contact Order granted by a Court in the United Kingdom; or
(b) a certificate issued by a district judge confirming the applicant's intention to maintain contact with the child; and (**But you must see note below)
􀂋 the applicant intends to take an active role in the child's upbringing; and
􀂋 the child is under the age of 18; and
􀂋 there will be adequate accommodation for the applicant and any dependants without recourse to public funds in accommodation which the applicant owns or occupies exclusively; and
􀂋 the applicant will be able to maintain himself and any dependants adequately without recourse to public funds; and
3
IDI Jan 08 CH7 SECT1 – PERSONS EXERCISING RIGHTS OF ACCESS
􀂋 the applicant holds a valid United Kingdom entry clearance for entry in this capacity.
** We have received legal advice that the requirement at Paragraph 246(iii)(b) of the Rules is now impossible to fulfil. Until such time as it is possible to amend the Rule, caseworkers and Entry Clearance Officers may accept in place of this option, a sworn affidavit from the non-applicant parent, (i.e. the U.K. 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. If contact is supervised, then the statement must be sworn by the supervisor.
Please note that this is not the same option as exists at Para 248A(iii)(c) of the Rules for in-country cases. In the case of Para 246 cases, (i.e. those made at Posts abroad), this statement must be sworn before and attested by a legal officer.
Your case is very complicated.But I believe you should go for appeal to win.afather wrote:hii thanks for ur help it is very very helpfull
but i did had my court proceedings ongoing but case was dismissed becaz i never got the decision on time and the judge dismissed the case just becaz i was not there but ive got all the paperwork to prove it that there was a case for the contact order proceedings and i send that off with my visa application and now with the appeal ive send that aswell in ur opinion shall i start new court proceedings or will that be enough that my intentions are genuine for the visit in uk
and again many thanks for ur help it really means allot
I don't think the ban applies, if you are applying under a family category.augforthboy wrote:i previously studied in uk, and left when my visa expired, but i had a fiance and a baby with her,
but since i didnt finish my studies i decided to apply to get back into the uk and to be with my fiance and my baby,
but got refused twice, for what i can call flimsy reasons, in the process of my application of different schools,
i got swindled 5000pounds and i was desperate to make it to my babys first bithday,
so i threw cautions into the wind and used a fake maintainance account,
in a nutshell, i got handed a refusal 320(7a), i do not dabble into things like this,
if i was that kind of person i wouldnt leave the country in the first place,
am really sorry for my actions but i am considering apply for access to my child or a fiance visa as we would
like to be wedded so i can be with my family,please am desperate