Dear Mr Cnidos,

REQUEST FOR INFORMATION UNDER THE FREEDOM OF INFORMATION ACT 2000.

Thank you for your e-mail of 11 March in which you made the following request for Information in relation to visitation rights:

1. Is a sworn affidavit from the UK resident parent confirming that the applicant parent can have access to the child a valid substitute as stated in Section 1 - Persons exercising rights of access to a child resident in the United Kingdom ?

This falls to be processed under the Freedom of Information Act 2000.

I can confirm that the International Group of the UK Border Agency holds information relative to your request. Please see the information attached/below:

Response for 1.

Our guidance is clear in that, a sworn affidavit attested by a legal officer from the non applicant parent should be evidence. If there is no documentary evidence at all then the application may fall to be refused. Further enquiries may be made to the courts/social departments etc to ascertain the facts of the case. The child's needs are paramount and we would want to ensure that a visa is issued only to those who are entitled to be given access rights.

If you are dissatisfied with this response you may request an independent review of our handling of your request. Internal review requests should be submitted within two months of the UK Border Agency sending a substantive reply to your original request and should be addressed to:

Information Access Policy Team

Freedom of Information Team

11th Floor - Short Corridor
Lunar House,

40 Wellesley Road
Croydon CR9 2BY

During the independent review, the department's handling of your information request will be reassessed by a member of staff that was not involved in providing you with the response.

Yours sincerely

Cliff Brown

Visa Services Directorate