Exercising rights of access to a child

[milos85]

There is also an option around a court ruling called 'Zambrano' - the ruling says that if there is a dependant person in the UK (who is a british citizen - which your child would be) who is dependant on someone outside the UK - that person they are dependant on has a right of abode in the UK. However, you have to show that the child IS dependant on the father. This also doesn't grant him entry until after the birth and if you're going down that route there are visas specifically for access to a child.

This Zambrano ruling caught my eye.
My wife is British citizen and she's going to give birth to our baby girl in a month. I am Serbian citizen currently in Serbia waiting on decision for spouse visa while my wife is in the UK, but i am afraid that i will be refused based on insufficient funds.

So if i do get refused would this Zambrano ruling be a good option, or do we go for appeal(which can take long time)?

What evidence would i need to provide to prove that child is dependant on me? Does that mean financial or?

How much does this type of application cost and what are waiting times?

[MPH80]

It would appear my original comment was ill-advised:

http://www.mulberryfinch.com/blog/zambrano-guidance/

In relation to British children dependent on non-EU nationals, the UKBA’s guidance makes clear that Zambrano will only apply if there is no other parent, guardian or carer on whom the child “is, or can become, dependent”. Precisely how far this proviso can be stretched – whether, for instance, the presence in the UK of estranged spouses, extended family or appropriate care facilities would be taken to weigh against the application of Zambrano – is yet unclear. In any case, its mention is indicative of a restrictive approach to child-adult dependency cases under Zambrano.

Since your partner is in the UK and the child will be dependant on her - that would indicate it wouldn't work for you (or the person I originally advised it on).

I'd suggest you look at access to a child - which requires access orders.

M.

[Kitty]

Access to a child under paragraph 246 of the Immigration Rules still requires the applicant to demonstrate maintenance funds.

What problems do you foresee with your funds in your current application?

[milos85]

Thanks for answers i guess zambrano is still unclear even for UKBA but as you said child would be dependant on her mother not me directly but still i need to support them as she doesn't work and cant afford day care.

Regarding finances, we used third party sponsor my wife's father and his salary does cover 105 a week for each of 3 of us(him, my wife, me) but its borderline and i didn't supply any job offers with my application so i guess that will be held against me.

Another thing, rights of access it states " (viii) the applicant holds a valid United Kingdom entry clearance for entry in this capacity." I don't have a visa how can i have valid entry clearance?

And if its possible to apply with this route(as a person who never entered the UK before), what would application fee be?

[Kitty]

Another thing, rights of access it states " (viii) the applicant holds a valid United Kingdom entry clearance for entry in this capacity." I don't have a visa how can i have valid entry clearance?

The Immigration Rules set out the conditions for "leave to enter", which is the permission that you are given to come in when you arrive at the border. The way the Rules are worded means that you get the visa if you satisfy all the requirements, and then you are allowed in at the border if you hold a visa and continue to satisfy the requirements of the Rules.

You will see that the same wording appears in the spouse visa rules as well. It's nothing to worry about unless your circumstances change significantly between the issue of your visa and the date you enter the UK.

The access to a child visa costs the same as a visit visa. However, the financial requirements are the same. So if your spouse visa is refused, there is every risk that an access visa will also be refused.