access to child visa refused

[nieshabelle]

i have been rrefused my access to child visa these are the reasons
do i have a chance on appeal
You have applied for an entry clearance to the UK under Right access to a child. You have sought to remain indefinitely. I have considered your application under paragraph 246 of the UK Immigration rules. you can read these rules at: www.ukba.homeoffice.gov.uk/policy and law/immigrationlaw/immigrationrules/

The decision

You have sought entry clearance to go to the UK for an indefinite period with your daughter, a British citizen who lives with her mother . A previous application for entry as a dependent of an EEA national ( your daughter) was refused. Your daughter is a baby, is British and not an EU national Treaty Rights

Notwithstanding you have now submitted a new application under paragraph 246 and i have assessed your application acoordingly.
246 access to a child requirements


You have not provided any evidence of a residence order or contact oder issued by a Uk court or any legally issued document. I am not satisfied that you meet the requirements of the above(iii)

You have provided a letter from Mr Plumtree offering you a room i their house for 25/week. it is not clear if yuou will also be liable for utitlity costs or expenses such as TV and telephone that inevitably incurred by Mr plumtree accommodating an adult. you are also proposing to pay the mother of your child 20/week i maintenance and would have to meet your own day to day living and transport expenses on top of travel to the UK

You are unemployed and have no source of income. A copy of a bank certificate for an account in your name shows a balance of 68,022 (975).There is no evidence as to origin of this money to show that it is genuinely yours and available to you. notwithstanding this sum of money would be barely cover the cost of your flight to the UK

I acknowledge a note from your brother in the Philippines stating that he and his wife will support you in the UK. However the latest balance of their account is just 41000php,(578) and they have their own expenses to meet. there is no evidence that they have supported you before and could honor the offer indefinitely.

The mother of your child does not work and is offering no financial support.

I am not satisfied that you could be adequately maintained and accommodated without recourse to public funds.

I have therefore refused your application because I am not satisfied, on the balance of probabilities, that you meet all of the requirements of the relevant Paragraph of the UK immigration rules

i have a a ticket home i bougt a return ticket when i left the uk and i have letters of employment which i supplyed with the application from my employer in the uk i cant see y they have dismissed it so

[nieshabelle]

i applyed the orriganal eea under zambrano it apperes that the ukba are not respoding to out of country applications regarding this
so dicided that the access to child would prob be a faster option

[nieshabelle]

im wondering if to appel under articl 8 best intrest of child?right to family life or zambrano

[STLewis]

In order to qualify for entry clearance in this regard you need to meet the crieria set out in para 246 HC 395:-
-the applicant is the parent of a child who is resident in UK and;
-the parent with whom the child permanently resides with is resident in UK and;
-the applicant produce evidence that they have access rights to the child;
-and the applicant intends to take an active role in the child's unbringing and;
- the child is under 18.

In additiona you also have to be able to show you can accommodate and maintain yourself as per the entry clearance criteria, witthout recourse to public funds.
The evidence which is referred to regarding access must be either a residence or contact order granted by a UK court or a Certificate issued by a Judge confirming your intention to maintain contact with the child.

You need to show you play an active role in the child life by way of contact and maintenance etc.

[STLewis]

from reading your post it seems clear that you don't meet the criteria since you have no savings, income when your in the Uk so are unable to support yourself and child without recourse to public funds.

It may be helpful if you can instruct solicitors to represent you in contact matters, as the evidence will be required.

I doubt an appeal would be successful whatsoever until you can meet the basis requirements.

[Kitty]

How old is your daughter? What contact did you have with her when you were in the UK?

What are you going to do to support yourself in the UK? What are your job prospects?

Will your daughter's mother confirm your access arrangements in an affidavit?

Why does the refusal say that you were applying for indefinite leave to enter? Clearance under paragraph 246 is usually granted for 12 months in the first instance, with ILR available after that.

[nieshabelle]

I HAVE FULL TIME EMPLOYMENT IN THE UK FROM MY PREVIOUS EMPLOYER

secondly there guidance now ststes that a court order is now not obtinable from outside the uk so a swornstatment from the othere peront is now apceptable

i supplyed the contract and letter stating that i had a full time job in the uk in my application i have no idea y this was completly egnored

[nieshabelle]

sworn statment was handed in off the child mother it just seems they have not looked at the requirment and evidance i suppyed at all she is 11 months i have had daily contact wile in the uk then they viseted here for 3 months and had lotas of contact with her i miss her so much i see her on web cam i just mythed to how they egnore my evidance
i have a return flight home i didnt supply that with my application but will with the appeal as it a graented for 1 yr

[nieshabelle]

kitty it was the 12 month entry clearance i applyed for i have no idea y they have confuse it with ilr

[Kitty]

Provided you have evidence that satisfies the requirements of Paragraph 246, you can either appeal or submit a fresh application.

If the evidence was already submitted in the original application then an appeal may get you somewhere at the review stage: when you submit an appeal it is first sent to the original Diplomatic Post so that an Entry Clearance Manager can review the decision. However, the quality of decision making is quite patchy: what country are you applying from? Is it the Philippines?

If you appeal you may also supply additional evidence that supports the state of affairs that existed at the date when the decision was made (so, for instance, your return ticket).

Alternatively you may reapply. If you do that, then you should get your daughter's mother to update her affidavit, and ask your employer to write a new letter confirming that the job is still open. Given that the child access visa is not as expensive as other visas that lead to settlement, you may feel it's worthwhile to take this route as it will almost certainly be quicker than an appeal.