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Other Immigration Applications Access To A Child Right of Access To A Child Resident In The UKRight of Access To A Child Resident In The UK
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