Post
by kate4885 » Wed Dec 12, 2007 1:17 pm
i posted a query on this forum as my australian partner had been asked to leave the country leaving behind his 12 week old daughter
we are not married and have not been together for 2 years and so do not qualify for an unmarried partners visa
i have undertaken research into applying for him to return using rule 246 of the immigration rules.
i ahve now had official word from the Home Office Visa advisory board who said -
" This (rule 246 ) applies to all parents, not just those who are divorced or legally separated.
Owing to claims that actually obtaining a Certificate from a District Judge is impossible, the Border and Immigration Agency (BIA) have taken advice from LAB & the Ministry of Justice who have confirmed that it is impossible to obtain a Certificate issued by a District Judge (at the time that this Rule was framed in the summer of 2000, this option was suggested as an acceptable means to verify the applicant's intent to maintain contact with the child.)
As this option is no longer available, and in the absence of any other legally based option to replace it, the sole alternative will be to request a sworn affidavit from the non-applicant parent, (i.e. 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. If contact is supervised, then the statement must be made by the supervisor"
so it would seem that is you have a child resident in the Uk and the other parent is settled here then you can make an application for entry using 246 which allows you initailly to stay for 12 months ( and work ) followed by indefinite leave to remain if after the 12 months you can demonstrate that you are still having contact with the child.
hope this helps.