20th January 2010: Q3) What are the key requirements for people exercising their right of access to a child in the UK?

A) Applicants applying to exercise their right of access to a child resident in the UK must also show:
• that they are a parent of a child resident in the UK and intend to enter in order to exercise rights of access;
• that the parent or carer with whom the child permanently resides is resident in the UK;
• that the child is under 18; and
• evidence from a UK court that they have access rights to the child; or a sworn affidavit (i.e. sworn and attested by a legal officer) from the non-applicant parent (i.e. the UK 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.

If successful a visa will be granted for an initial period of 12 months. On completion of the 12 months, the applicant can then apply for indefinite leave to remain in the UK.

By Raheela Hussain, Principal Solicitor of Greenfields Solicitors. The above article is meant to be relied upon as an informative article and in no way constitutes legal advice. For legal advice regarding your case, please contact Greenfields Solicitors on 020 8884 1166 for a Consultation with a Solicitor.

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