Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Tier 2 Dependent Child Visa - Parents divorced

Only for UK Tier 2 (Employer Sponsored) points system Tier 2

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba88, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, sbrennan

Post Reply
uktier2guy
Newly Registered
Posts: 3
Joined: Fri Jun 15, 2018 12:33 am
India

Tier 2 Dependent Child Visa - Parents divorced

Post by uktier2guy » Fri Jun 15, 2018 12:58 am

Hi
I am an Indian male, in UK on Tier 2 (General), sponsored by a A-list company. I am divorced and my ex-wife lives in India.

We have a kid of 7 years and as per the divorce agreement he is of joint custody but lives in India with his mom. I am trying to apply for his Tier 2 Dependent visa to get him here.

Please help me with clear process as I was told that I might need consent of sole custody from my Ex-wife.

I am unable to get much details after googling for long.

Thanks

vinny
Moderator
Posts: 26756
Joined: Tue Sep 25, 2007 7:58 pm

Re: Tier 2 Dependent Child Visa - Parents divorced

Post by vinny » Fri Jun 15, 2018 1:03 am

See also 319H(f).
This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

uktier2guy
Newly Registered
Posts: 3
Joined: Fri Jun 15, 2018 12:33 am
India

Re: Tier 2 Dependent Child Visa - Parents divorced

Post by uktier2guy » Mon Jun 18, 2018 5:48 am

Thanks.

I have gone through it. But it doesn't explain the process to apply for Child dependent visa when parents are divorced and one parent is in abroad(my case India) with whom child is living.

Please can you moderators help me.

User avatar
marcnath
Moderator
Posts: 3515
Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes
Great Britain

Re: Tier 2 Dependent Child Visa - Parents divorced

Post by marcnath » Mon Jun 18, 2018 9:43 am

uktier2guy wrote:
Mon Jun 18, 2018 5:48 am
Thanks.

I have gone through it. But it doesn't explain the process to apply for Child dependent visa when parents are divorced and one parent is in abroad(my case India) with whom child is living.

Please can you moderators help me.
Unfortunately, you can only apply for your child's dependant visa if you have sole custody. Actually the rules say "... has and has had...", so even changing to sole custody now is unlikely to help.

He can obviously visit you on a standard visa but cannot stay here.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

uktier2guy
Newly Registered
Posts: 3
Joined: Fri Jun 15, 2018 12:33 am
India

Re: Tier 2 Dependent Child Visa - Parents divorced

Post by uktier2guy » Wed Jun 20, 2018 3:57 pm

Thanks for the inputs.
Please advise where exactly this sole custody clause and those words mentioned and where I can get the full details of the process even if it a difficult one. I wish to understand the procedure first.

Is there any FORM where the Mother can sign giving the sole custody of the child to me to allow applying for his visa.

Also, if I get ILR and later Citizenship, will the rules change to apply for his ILR and Citizenship as father with ILR/Citizenship.

Best Regards

User avatar
CR001
Moderator
Posts: 42911
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Tier 2 Dependent Child Visa - Parents divorced

Post by CR001 » Wed Jun 20, 2018 4:04 pm

Please advise where exactly this sole custody clause and those words mentioned and where I can get the full details of the process even if it a difficult one. I wish to understand the procedure first.
Have you clicked on the links that vinny has provided (319H and (f))?? See also immigration-for-family-members/sole-res ... 13087.html
Is there any FORM where the Mother can sign giving the sole custody of the child to me to allow applying for his visa.
If you have joint custody after divorce in the form of a court order, you will need to get the same changed giving you sole responsibility. Still no guarantee that you will be successful with the visa.
Also, if I get ILR and later Citizenship, will the rules change to apply for his ILR and Citizenship as father with ILR/Citizenship.
A child born abroad usually qualifies for citizenship when at least one parent is applying for has already and the other parent holds ILR. The rules for ILR will be the same as for the PBS Dependent visa, the question of the other parent will be asked.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Post Reply