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Immigration Rules part 7: other categories

Home Office

October 5
09:12 2023

A246. Paragraphs 246 to 248F apply only to a person who has made an application before 9 July 2012 for leave to enter or remain or indefinite leave to remain as a person exercising rights of access to a child resident in the UK, or who before 9 July 2012 has been granted leave to enter or remain as a person exercising rights of access to a child resident in the UK.

AB246. Where an application for leave to enter or remain is made on or after 9 July 2012 as a person exercising rights of access to a child resident in the UK Appendix FM will apply.

  1. 246. The requirements to be met by a person seeking leave to enter the United Kingdom to exercise access rights to a child resident in the United Kingdom are that:
    1. (i) the applicant is the parent of a child who is resident in the United Kingdom; and
    2. (ii) the parent or carer with whom the child permanently resides is resident in the United Kingdom; and
    3. (iii) the applicant produces evidence that he has access rights to the child in the form of:
      1. (a) a Residence Order or a Contact Order granted by a Court in the United Kingdom; or
      2. (b) a certificate issued by a district judge confirming the applicants intention to maintain contact with the child; and
    4. (iv) the applicant intends to take an active role in the childs upbringing; and
    5. (v) the child is under the age of 18; and
    6. (vi) 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
    7. (vii) the applicant will be able to maintain himself and any dependants adequately without recourse to public funds; and
    8. (viii) the applicant holds a valid United Kingdom entry clearance for entry in this capacity.

Leave to enter the United Kingdom as a person exercising rights of access to a child resident in the United Kingdom

  1. 247. Leave to enter as a person exercising access rights to a child resident in the United Kingdom may be granted for 12 months in the first instance, provided that on arrival a valid passport or other identity document is produced to the Immigration Officer and the applicant has entry clearance for entry in this capacity.

Refusal of leave to enter the United Kingdom as a person exercising rights of access to a child resident in the United Kingdom

  1. 248. Leave to enter as a person exercising rights of access to a child resident in the United Kingdom is to be refused if on arrival, a valid passport or other identity document is not produced to the Immigration Officer and the applicant does not have entry clearance for entry in this capacity.

Requirements for leave to remain in the United Kingdom as a person exercising rights of access to a child resident in the United Kingdom

  1. 248A. 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:
    1. (i) the applicant is the parent of a child who is resident in the United Kingdom; and
    2. (ii) the parent or carer with whom the child permanently resides is resident in the United Kingdom; and
    3. (iii) the applicant produces evidence that he has access rights to the child in the form of:
      1. (a) a Residence Order or a Contact Order granted by a Court in the United Kingdom; or
      2. (b) a certificate issued by a district judge confirming the applicants intention to maintain contact with the child; or
      3. (c) a statement from the childs other parent (or, if contact is supervised, from the supervisor) that the applicant is maintaining contact with the child; and
    4. (iv) the applicant takes and intends to continue to take an active role in the childs upbringing; and
    5. (v) the child visits or stays with the applicant on a frequent and regular basis and the applicant intends this to continue; and
    6. (vi) the child is under the age of 18; and
    7. (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
    8. (viii) the applicant has not remained in breach of the immigration laws; and
    9. (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
    10. (x) the applicant will be able to maintain himself and any dependants adequately without recourse to public funds.

Leave to remain in the United Kingdom as a person exercising rights of access to a child resident in the United Kingdom

  1. 248B. Leave to remain as a person exercising access rights to a child resident in the United Kingdom may be granted for 12 months in the first instance, provided the Secretary of State is satisfied that each of the requirements of paragraph 248A is met.

Refusal of leave to remain in the United Kingdom as a person exercising rights of access to a child resident in the United Kingdom

  1. 248C. Leave to remain as a person exercising rights of access to a child resident in the United Kingdom is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 248A is met.

Indefinite leave to remain in the United Kingdom as a person exercising rights of access to a child resident in the United Kingdom

  1. 248D. The requirements for indefinite leave to remain in the United Kingdom as a person exercising rights of access to a child resident in the United Kingdom are that:
    1. (i) the applicant was admitted to the United Kingdom or granted leave to remain in the United Kingdom for a period of 12 months as a person exercising rights of access to a child and has completed a period of 12 months as a person exercising rights of access to a child; and
    2. (ii) the applicant takes and intends to continue to take an active role in the childs upbringing; and
    3. (iii) the child visits or stays with the applicant on a frequent and regular basis and the applicant intends this to continue; and
    4. (iv) 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
    5. (v) the applicant will be able to maintain himself and any dependants adequately without recourse to public funds; and
    6. (vi) the child is under 18 years of age; and
    7. (vii) the applicant must have demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL; and
    8. (viii) the applicant does not fall for refusal under the general grounds for refusal.

Indefinite leave to remain as a person exercising rights of access to a child resident in the United Kingdom

  1. 248E. Indefinite leave to remain as a person exercising rights of access to a child may be granted provided the Secretary of State is satisfied that each of the requirements of paragraph 248D is met.

Refusal of indefinite leave to remain in the United Kingdom as a person exercising rights of access to a child resident in the United Kingdom

  1. 248F. Indefinite leave to remain as a person exercising rights of access to a child is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 248D is met.

Holders of special vouchers

Requirements for indefinite leave to enter as the holder of a special voucher

  1. 249. DELETED

Indefinite leave to enter as the holder of a special voucher

  1. 250. DELETED

Refusal of indefinite leave to enter as the holder of a special voucher

  1. 251. DELETED

Requireme

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