VAT23 - Parents with access rights to children in the UK

This is internal guidance for use by entry clearance (visa) staff on the handling of visa applications made outside the UK for visit and transit visas. It is a live document under constant review and is for information only.

For guidance on applications made on or after 9 July 2012 please refer to Appendix FM which can be found at page 19 of the Statement of Changes in Immigration Rules.

All applications submitted before 9 July 2012 should be considered under the old Rules.

VAT23.1 What are the requirements?

Immigration Rules for people exercising their right of access to a child in the UK: paragraph 246.

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VAT23.2 Is entry clearance mandatory?

Yes. Entry clearance is mandatory for all nationalities, except EEA and Swiss nationals, exercising their right of access to a child resident in the UK.

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VAT23.3 Do I need to refer these applications?

No. This is no longer a mandatory referral as the provision to grant 12 months is in the Immigration Rules.

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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).


Note: The Rule at Paragraph 246(iii)(b) continues to offer certificates issued by district judges confirming the applicant's intention to maintain contact with the child as an option, but legal advice is that this is now impossible. Therefore, until such time as the Rule can be amended, the sworn statement can be accepted instead. It is reasonable to expect parents to obtain such documents to prove that their intention is to enter the United Kingdom on the basis of exercising rights of access. This would confirm the commitment of the parent and prevent applicants from attempting to enter the United Kingdom under false pretences.

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VAT23.5 What is the entry clearance endorsement?

D: RIGHT OF ACCESS TO A CHILD   LTE 12 MONTHS CODE 1

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VAT23.6 Examples of refusal wordings

Wording for refusals: Section 31-35 (can be downloaded under 'Related documents' on the right of this page).

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VAT23.7 Do people exercising their right of access have full rights of appeal?

Yes, as the Rules allow for a stay upon entry of up to 12 months. See appeals section for more guidance.

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