ABSTRACT
However, paras 246-48 of HC 395 as amended introduced specific requirements for ‘persons exercising rights of access to a child resident in the United Kingdom’. (The rules insist on using the now outmoded term ‘access’ throughout.)
These rules appear to have been introduced because the absence of a specific provision was causing difficulties to the Home Office in the context of seeking to remove parents who were not entitled to remain here, but had children settled here with a former partner. It was being argued that such parents had no remedy to permit them to remain for the purposes of seeing their children.The rule appears to have been designed to allow the Home Office to remove such a parent and yet be able to say that such removal would not deprive the parent of contact as he or she could reapply for entry under the new rules.
