Immigration Case Update: JA (meaning of "access rights") India [2015] UKUT 00225 (IAC)

To read the full judgment click here.

Appendix FM makes provision for parents, in certain circumstances, to be granted leave on the basis of a relationship with their child. It is possible to succeed under Appendix FM if an A can show that they have 'access rights' to a child and that they are taking and intend to continue to take an active role in their child's upbringing. The phrase 'access rights' is not defined under the Immigration Rules and is no longer used by the Family Court.

It was held that 'access rights' is capable of referring to indirect and direct contact and there is nothing in the wording of the Rules to suggest otherwise. It was further held that to succeed in establishing 'access rights' an applicant could show either a court order or that an agreement has been reached between the parties, without the assistance of the court. Having satisfied the above requirement an A must still prove that he/she "is taking and intend to continue to take an active role in the child's upbringing. Whether s/he will be able to will depend upon the evidence rather than the nature of the 'access rights.'

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