• VAT23.1 What are the requirements?
• VAT23.2 Is entry clearance mandatory?
• VAT23.3 Do I need to refer these applications?
• VAT23.4 What are the key requirements for people exercising their right of access to a child in the UK?
• VAT23.5 What is the entry clearance endorsement?
• VAT23.6 Examples of refusal wordings
• VAT23.7 Do people exercising their right of access have full rights of appeal?

See other guidance information VAT1 Visitors: General VAT10 Special Visitor: Prospective student VAT11 Business Visitors VAT12 Business Visitor: Academic Visitor VAT13 Business Visitor: Visiting Professors VAT14 Business Visitors: Religious Workers VAT15 Business Visitor: Doctors coming for PLAB test VAT16 Business Visitor: Doctors undertaking clinical attachments VAT17 Sports Visitor VAT18 Entertainer Visitor VAT19 Visitors under the Approved Destinations Status MoU with China VAT2 Visitors: Visiting family; friends; as a tourist VAT20 Foreign armed forces (not NATO/Commonwealth) VAT21 Archaeological excavations VAT22 Appellants seeking admission VAT24 Child minders for relatives VAT25 Visitors seeking visas or settlement visas for other countries VAT26 Persons coming for job interviews VAT27 Court reporters VAT28 Witnesses attending trials in the UK VAT3 Special Visitor: Child visitors VAT3A Special Visitor: Student exchanges VAT4 Special Visitor: Child visitors sponsored by charities VAT5 Special Visitor: Parents with children under 12 at school in UK VAT6 Special Visitor: Marriage/Civil partnership visit (not settlement) VAT7 Special Visitor: Private medical treatment VAT8 Special Visitor: Visitor in transit VAT9 Special Visitor: Student visitor  

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?

You must refer all of these applications to the Referred Casework Unit (RCU) using the referrals pro forma and send all relevant supporting documentation with the ECO’s assessment of the case.  Guidance on referrals is at Referrals/Deferrals.

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VAT23.4 What are the key requirements for people exercising their right of access to a child in the UK?

In addition to the requirements which all visitors must meet, 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 (ie sworn and attested by a legal officer) from the non-applicant parent (ie 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.

 

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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

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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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