ACCESS TO A CHILD

[danny10]

CAN I SWITCH FROM RESIDENT PERMIT OF EEA FAMILY TO ACCESS TO A CHILD ( BRITISH CITIZEN CHILD) FROM MY EX PARTNER.

[Lucapooka]

Switching into access to a child is only permitted in situations where the applicant has previously entered the UK as partner in a UK rules settlement category.

(vii) the applicant has limited leave to remain in the United Kingdom as the spouse, civil partner, unmarried partner or same-sex partner of a person present and settled in the United Kingdom who is the other parent of the child; and

However, there may be discretionary options outside the immigration rules.

[Kitty]

Some questions:

What is your nationality?

Is the child's other parent the EEA national on whom you depend for your family member status?

How did you qualify as a family member (marriage, unmarried partner, civil partner)?

How long have you been in the UK?

Are there any court ordered contact arrangements for access to your child? Is your ex likely to co-operate in confirming that you have access?

Can you support yourself in the UK?

Do you qualify to retain a right of residence (under the regulations) based on court-ordered contact in the UK?

I recall that the old guidance that related to access applications under the Rules did used to refer to a concession for switching from EEA family-member status. However, the modernised guidance does not refer to it.