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A person who was granted leave to enter or remain in the UK as a spouse of a person present and settled in the UK can apply for leave to remain in the UK to exercise his/her right of access to a child resident in the UK if his/her marriage breaks down during the probationary period of spouse visa.
The requirements to be met by a person seeking leave to remain in the United Kingdom to exercise access rights to a child resident in the United Kingdom are that:
(i) the applicant is the parent of a child who is resident in the United Kingdom; and
(ii) the parent or carer with whom the child permanently resides is resident in the United Kingdom; and
(iii) the applicant produces evidence that he has access rights to the child in the form of:
(a) a Residence Order or a Contact Order granted by a Court in the United Kingdom; or
(b) a certificate issued by a district judge confirming the applicant's intention to maintain contact with the child; or
(c) a statement from the child's other parent (or, if contact is supervised, from the supervisor) that the applicant is maintaining contact with the child; and
(iv) the applicant takes and intends to continue to take an active role in the child's upbringing; and
(v) the child visits or stays with the applicant on a frequent and regular basis and the applicant intends this to continue; and
(vi) the child is under the age of 18; and
(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
(viii) the applicant has not remained in breach of the immigration laws; and
(ix) there will be adequate accommodation for the applicant and any dependants without recourse to public funds in accommodation which the applicant owns or occupies exclusively; and
(x) the applicant will be able to maintain himself and any dependants adequately without recourse to public funds
Why Choose Sunrise Solicitors For Your Application For UK Visa To Exercise Your Right Of Access To A Child Resident In The UK? ?
The immigration solicitors at Sunrise Solicitors are experts in dealing with application for UK Visa to exercise your right of access to a child resident in the UK. The quality of our service is self-evident from the reviews of our clients about the service provided by our immigration lawyers. You can contact us if you are seeking legal help from immigration lawyers in London in relation to your application for stay in the UK to exercise your right of access to a child and our immigration solicitors will provide you fast, friendly, reliable and professional immigration service.
If instructed to represent you regarding your application, we will do the following immigration casework for you:
- Our immigration solicitors will take Detailed Instructions from you and advise you about the relevant immigration laws and procedures to be adopted by the Home Office, UKBA in your immigration case
- Our immigration solicitors will discuss your immigration case in detail with you and advise you about the weaknesses and strengths of your immigration case
- Our immigration solicitors will advise you about the documentary evidence to be submitted in support of your application to stay in the UK to exercise your right of access to a child resident in the UK
- Our immigration solicitors will consider contents of the documentary evidence to be submitted in support of the application and discuss the same with you
- Our immigration solicitors will complete the relevant immigration form and discuss the same with you
- Our immigration solicitors will prepare a covering letter to introduce and support the application
- Our immigration solicitors will liaise with the Home Office, UKBA for an expeditious decision on the application
- Our immigration solicitors will protect your interests while your application is pending with the Home Office and keep you informed of the progress on your immigration matter
- Our immigration solicitors will do all the follow up work until decision is reached on your application
- Our immigration solicitors will advise you about the implications of the Home Office decision
We will charge you a fee from £1,000.00 + VAT for our professional immigration services in relaiton to your application for UK Visa to exercise your right of access to a child resident in the UK. The agreed fee will depend on the complexity of the matter and the casework involved in the matter.
If you cannot afford to pay our fee in full at the time of instructing us in relation to your matter, you can pay half of the fee at the time of instrucing us and rest of the fee can be paid by monthly installments.
The agreed fee will cover all our work until decision by the Home Office on the application. However, it is pertinent to note that the agreed fee will not cover any disbursements to be incurred by the company on your behalf e.g. translation of documents etc