Access to child visa - requirements ?

[kobrien0510]

The following requirements below have made me question the requirements -

VAT23.4 What evidence should the applicant provide to demonstrate that they have access rights to a child in the UK?

They should show evidence from a UK court that they have access rights to the child. Residence orders or Contact orders granted by UK Courts, or a sworn affidavit from the non-applicant parent, (that is, 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 access, are taken as suitable evidence of access rights. (If contact is supervised, then the statement must be sworn by the supervisor).

So all I need to do is swear on a affidavit that my child we be staying with me and that my wife intends to have access to our child when she is in the country,if I do this I do not need to go through the process of arranging a residence order with the court or a certificate with a district judge ?

My wife and I have been together for 5 years,my son(1yrs old) has a British passport as he was registered at the local embassy when he was born.
My son is coming to live we me and my wife is looking to join us via the access to child visa (12months).

Our relationship is very strained at present so we cannot wait to go through the settlement process as I only have 3 months worth of payslips,you need a minimum of 6months with the settlement visa,(been apart due to settlement visa being refused,for a year)

Can someone confirm that we would be successful applying for the access to child visa with 3 months worth of payslips and 6 months worth of bank statements,and also confirm that the £18,600 threshold does not apply as its not a settlement visa and just a general visa,hence only being granted for 12months.

Settlement was refused because I applied with no confirmed job,that has now changed.

Thanks.

[Lucapooka]

been apart due to settlement visa being refused,for a year
[...]
Can someone [...]confirm that the £18,600 threshold does not apply as its not a settlement visa and just a general visa,hence only being granted for 12months.
[...]
Settlement was refused because I applied with no confirmed job,that has now changed.

If I, as a casual observer of your situation, suspect that you are trying to get around the maintenance requirements for a partner settlement visa then you can bet that the ECO (people who are professionally trained to scrutinize these situations) will also think so. The UKBA have sought, with the introduction of the new rules, to plug all the loop holes that people were jumping though in the previous legislation.

The problem you have to face is that you can't be the partner with the parent or carer of the child that is resident in the UK or otherwise eligible for settlement as a partner. This does not mean you can't married but separated but in such circumstances it's expected that you would need to have a separate household and evidence of this.

http://www.ukba.homeoffice.gov.uk/polic ... -a-parent/

(b) the parent or carer with whom the child normally lives must be-
(i) a British Citizen in the UK or settled in the UK;
(ii) not the partner of the applicant; and
(iii) the applicant must not be eligible to apply for entry clearance as a partner under this Appendix.

[kobrien0510]

We have been apart for so long now that its coming to breaking point,this is not bending the rules,this is allowing our 1 year old child to have access to both his parents.

After already spending a year apart the new rules state that you would need 6 months worth of bank statements for settlementas this not the case for access to child we are moving in this direction,at present I have separate accomodation for her and we have no recourse to public funds as I am working.

If its refused I will have to quit my job to take care of my son full time and claim housing and any other benefit,which is stupid when his mom could take care of him

My job has a basic and a bonus,over the year this would easily clear the 18,600 but as the bonus is paid over 3 months it would not reflect in each payslip,only every third