Access to child visa rule(246) update

[alikhan28]

Hi forum

I have just seen a recent update on access to child visa.

No this rule is not mandatory referral.First this was a must referral and people time was wasted in this process.

No home office has removed this from mandatory referral.

http://www.ukvisas.gov.uk/en/ecg/recentupdates/


Ali

[Kitty]

Useful to know, thanks alikhan28.

BTW, is there a reason why the "Refusal wordings" (paragraph 35 on the linked page) for this category within the ECG seem to be so out of date? They include refusals for intention to work, and for not being legally separated or divorced, neither of which are requirements under 246 now.

I don't know if other categories have similarly out of date options. It must be a temptation for ECOs to refuse for the wrong reasons...

[alikhan28]

Useful to know, thanks alikhan28.

BTW, is there a reason why the "Refusal wordings" (paragraph 35 on the linked page) for this category within the ECG seem to be so out of date? They include refusals for intention to work, and for not being legally separated or divorced, neither of which are requirements under 246 now.

I don't know if other categories have similarly out of date options. It must be a temptation for ECOs to refuse for the wrong reasons...

Before years 2000 when this categories was introduced after a ruling in European court on Yoesf case(what was exact name of case law)..

This was a visit visa category with no right to work.So home office has not changed refusal reasons yet..If you are refused for wrong reasons then you can win in appeal easily.

Ali

[Kitty]

This was a visit visa category with no right to work.So home office has not changed refusal reasons yet..If you are refused for wrong reasons then you can win in appeal easily.

Ali

Hehe. "Easily" is relative when out-of-country appeals are taking 9 months to reach a hearing, but I get your point

The refusal wordings in the IDIs are more up to date, I see.

[alikhan28]

This was a visit visa category with no right to work.So home office has not changed refusal reasons yet..If you are refused for wrong reasons then you can win in appeal easily.

Ali

Hehe. "Easily" is relative when out-of-country appeals are taking 9 months to reach a hearing, but I get your point

The refusal wordings in the IDIs are more up to date, I see.

Can you send a link for these IDIs refusal.?

Ali

[vinny]

This was a visit visa category with no right to work.

Working should be possible.

[alikhan28]

This was a visit visa category with no right to work.

Working should be possible.

Vinny I know working is possible on this category.

I was referring to past when this was a visit category.

Anyway thanks for link.


Ali

[Kitty]

Immigration Directorate Instructions Chapter 7: see Section 1 Annex B.

I have seen this visa recently refused on the grounds that the applicant was not separated from the other parent plus failed to submit a Court order (he submitted the mother's affidavit instead as per the IDIs).

IMO completely wrong and an appeal has been made, but when it will be heard is anyone's guess.

[alikhan28]

Hi

I have seen this visa recently refused on the grounds that the applicant was not separated from the other parent plus failed to submit a Court order (he submitted the mother's affidavit instead as per the IDIs).

Where written in rules that other parent should be sepreated to apply for this visa catagory? No where.
It is clearly written in their guidline that eco should accept sworn statment
In my view this appeal has a very good chance.

IMO completely wrong and an appeal has been made, but when it will be heard is anyone's guess.

It takes from 6-8 months to get a hearing date and 2-3 months to get visa stamped.So in total 8-10 months

Ali

[kobrien0510]

What is the latest,im suppose to be applying via this method next month,is a sworn paper accetable or not ?

Are there any other paperwork required ?