The UK’s Immigration Rules make provision for the admission of parents who wish to exercise their rights of access to children resident in the UK, provided certain requirements are met. Details of these requirements are outlined below.
Requirements for entry as a person exercising access rights to a child resident in the UK
- The applicant is the parent of a child who is resident in the UK; and
- The parent or carer with whom the child permanently resides is resident in the UK; and
- The applicant produces evidence that he has access rights to the child in the form of:
- a Residence Order or a Contact Order granted by a Court in the UK; or
- a certificate issued by a district judge confirming the applicant's intention to maintain contact with the child; and
- The applicant intends to take an active role in the child's upbringing; and
- The child is under the age of 18; and
- 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
- The applicant will be able to maintain himself and any dependants adequately without recourse to public funds; and
- The applicant holds a valid UK entry clearance for entry in this capacity.
Duration of stay
If you make a successful application for entry as a person exercising access rights to a child resident in the UK you will being granted leave to enter the UK for a period of 12 months provided that a valid UK entry clearance for entry in this capacity is produced to Immigration Control upon arrival in the UK.
In order to qualify for Indefinite Leave to Remain in the UK as a person exercising rights of access to a child resident in the UK you must meet the following requirements:
- You were admitted to the UK or granted leave to remain in the UK for a period of 12 months as a person exercising rights of access to a child and have completed a period of 12 months as a person exercising rights of access to a child; and
- You take and intends to continue to take an active role in the child's upbringing; and
- The child visits or stays with you on a frequent and regular basis and you intend this to continue; and
- There will be adequate accommodation for the applicant and any dependants without recourse to public funds in accommodation which you own or occupy exclusively; and
- You will be able to maintain yourself and any dependants adequately without recourse to public funds; and
- The child is under 18 years of age; and
- You has sufficient knowledge of the English language and sufficient knowledge about life in the UK, unless you are under the age of 18 or aged 65 or over at the time you make this application.