Immigrationboards.com

Dear all,

I am a divorced mother (divorce happenned in Indian courts as marriage happenned in India and have divorce documents from there). I am eligible for ILR shortly. My question is: is my minor child eligible for ILR under section 1(3) once I get my ILR or there is a requirement that both parents should have an ILR or citizenship? I don't even know the whereabouts of my ex since 5-6 years.

Please could our expert moderators reply to this asap?

Thanks,
Saanvi

do you mean citizenship under section 1(3)?

where was the child born?

Hello CR,

Child was born in the UK when I and my ex were married and were living in the UK. Now I am divorced while on Tier1 and going to apply for my ILR. I am in a fix if I should apply for an ILR for my son as a dependant on me or he can directly get a british citizenship after my ILR is approved.

Section 1(3) in MN1 guide says parents should have ILR or citizenship but doesn't specify for kids of divorced parents if only one parent is fine to get an ILR. Is there any guidelines on divorced parents and their children's british citizenship eligibility?

I have a Residence Order from UK courts for my child and I am responsible for his day to day decisions.

If not section 1(3), any other section? If not then I would have to get an ILR for my son along with me but the same situation will arise when I am eligible for my BC after one year.

Rgds,
Saanvi

If u r divorced then you have no valid leave surely?

Hi wanderer,

I have my own Tier1 visa since 5 years and my child is on a dependant visa on me. I am eligible to apply for ILR in a weeks time. Didn't really understand your comment. Please explain.

Rgds,
Saanvi

Any expert comments would help. Thanks.

You'll be fine, only one parent needs ILR for the child to be registered under section 1(3), parental consent is also not required.

Thanks so much Amber .