Tier 4 dependant visa

[conloc]

can a child who is already in the UK with PBS tier 4 dependant visa continue to stay; if their parent separate or divorce, and his father then ( also in PBS tier 4 dependant) comes back to his home country. In the rule of immigration, they need both parents are in the UK. Any document needed to prove sole custody after a divorce can help. Thanks a lot.

[sah10406]

They would need evidence that they meet one of the exceptions to both parents being in the UK. See Appendix Student, paragraph St 34.2 (b) or (c)

ST 34.2. The applicant’s parents must each be either applying at the same time as the applicant or have permission to be in the UK (other than as a visitor) unless:
...
(b) the parent with permission as a Student or as the partner of a Student has sole responsibility for the child’s upbringing; or
(c) the decision maker is satisfied that there are serious and compelling reasons to grant the child entry clearance or permission to stay with the parent who has permission as a Student or as the partner of a Student.

https://www.gov.uk/guidance/immigration ... ix-student

[conloc]

Thank you. How can get the sole responsibility/custody after divorce or prove the compelling reason? His dad agrees to give him to his mom (student tier 4 visa). Some thread said that if child's dad ever involved in the marriage and ever raised kids before, so cannot prove it as sole responsibility even after divorce. Is this right. Thanks a lot.

[sah10406]

Some thread said that if child's dad ever involved in the marriage and ever raised kids before, so cannot prove it as sole responsibility even after divorce. Is this right.

That must be an old thread. The rule changed on 5 October 2020. It used to say "has and has had sole responsibility".

[conloc]

That means the court order from home country that proves mom has sole responsibility could be fine. Thank you so much.

[vinny]

See also Sole responsibility.

[conloc]

Thank you so much. I will check the rules and advice.