i've not heard that, i don't see how they could do that, as a dependent child has the same visa rights as the parent.
as for human rights, i don't think so, gov can say you can go back the the phils, if you want to live togther.
but something not connected with this, i've just read, but still interesting...
'my partner who is Australian has had to leave the Country although we have a 12 week old child.
i have now had official word as to how he can apply to come back in circumstances where we are not married and do not qualify for an unmarried partners visa. This avenue applies when parents are separated OR together and may help many people on this web site.
The official word comes from the Home Office Visa Advisory Department AND from the senior entry clearance office at the High Commission in australia.
The application is under rule 246 - exercising rights of access to a child resident in the UK. You will need to ensure you fulfil the criteria listed in the rule ( able to support yourself etc ) but the rule talks about getting a court order or a certificate from a District Judge as to your rights of contact.
There is no such thing as a certificate from a District Judge and when questioned on this the Home Office stated the following -
'This (rule 246 ) applies to all parents, not just those who are divorced or legally separated.
Owing to claims that actually obtaining a Certificate from a District Judge is impossible, the Border and Immigration Agency (BIA) have taken advice from LAB & the Ministry of Justice who have confirmed that it is impossible to obtain a Certificate issued by a District Judge (at the time that this Rule was framed in the summer of 2000, this option was suggested as an acceptable means to verify the applicant's intent to maintain contact with the child.)
As this option is no longer available, and in the absence of any other legally based option to replace it, the sole alternative will be to request a sworn affidavit from the non-applicant parent, (i.e. the U.K. 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.'
thus if you are the parent of a child resident in the Uk, separated or not from your partner and do not qualify for a spouse visa or an unmarried partners visa you, this may be a way of getting entry clearance. All you will need is a sworn affadavit from the other parent confirming you rigts of access. If you are separated and the other parent will not provide such an affadavit then you can as the family court to award you contact - the form needed is a 'C1' and con be downloaded from the court service web site - it is a fairly straightforward procedure.
You would still have to apply from your home country - entry would be for 12 months and you would be able to work
if after 12 motnhs you can demonstrate that you are still having contact with the child you are able to apply for indefinite leave to remain.'
i'm sure the gov will doing something about this thou...
