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UK citizenshp options for child of parents who are divorced
Posted: Thu Jan 28, 2016 9:50 pm
by pedin
Hi there
I am a naturalised UK citizen, having lived here since 2001. I have a 15 year old sone who was born outside UK ,prior to me becoming naturalised. His mother and I are divorced and he lives with her outside UK. She is not a UK citizen. We were divorced prior to my naturalisation.
My son is now planning to join me in UK this year.
What are his options? Is he entitled to UK citizenship now or in the near future if he lives with me?
Any help is appreciated
Kind Regards
Re: UK citizenshp options for child of parents who are divor
Posted: Thu Jan 28, 2016 10:07 pm
by CR001
He will need minimum of 2 years residence before he can qualify if he is an older teenager. He is not automatically entitled to Citizenship.
In order to get a child settlement visa, you will need to prove sole responsibility.
Re: UK citizenshp options for child of parents who are divor
Posted: Thu Jan 28, 2016 10:34 pm
by pedin
Thanks for prompt response
Would he be eligible for a visa to come and live with me ( and my partner) and study here, with his mother's consent? or do i need to prove sole responsibility for that as well?
Am i right in thinking that the best route for him to join me would be through a visa under the category - to join family living permanently in UK - and then subsequently pursue citizenship later if he becomes eligible.
Main aim is for him to join us, as his mother is getting re married and he wishes to join me and study here.
Thanks in advance
Re: UK citizenshp options for child of parents who are divor
Posted: Thu Jan 28, 2016 11:14 pm
by noajthan
pedin wrote:Thanks for prompt response
Would he be eligible for a visa to come and live with me ( and my partner) and study here, with his mother's consent? or do i need to prove sole responsibility for that as well?
Am i right in thinking that the best route for him to join me would be through a visa under the category - to join family living permanently in UK - and then subsequently pursue citizenship later if he becomes eligible.
Main aim is for him to join us, as his mother is getting re married and he wishes to join me and study here.
Thanks in advance
Time is tight for an older teenage minor to enter UK, to demonstrate their future lies in UK & to register (at Home Secretary's discretion) as a citizen under section 3(1) of BNA.
It may take 5 years to get ILR, if so registration as a minor won't work; (due to passing age 18).
What you may achieve is son into UK who could eventually naturalise in his own right as an adult (after 6+ years in UK, once they have ILR).
Note to qualify as a
Home student for college/university fee purposes he will need 3 years
habitual residence in UK under his belt & ILR by the time (the day) he starts higher education.
Re: UK citizenshp options for child of parents who are divor
Posted: Fri Jan 29, 2016 9:08 am
by CR001
pedin wrote:Thanks for prompt response
Would he be eligible for a visa to come and live with me ( and my partner) and study here, with his mother's consent? or do i need to prove sole responsibility for that as well?
See this link (click) in regards to HO guidance on child settlement visas.
Am i right in thinking that the best route for him to join me would be through a visa under the category - to join family living permanently in UK - and then subsequently pursue citizenship later if he becomes eligible.
Yes, he should be granted ILE (indefinite leave to enter). He would then require a minimum of 2 years residence to register as British (if under 18). If he hits 18, he will need 5 years residence.
Main aim is for him to join us, as his mother is getting re married and he wishes to join me and study here.
Thanks in advance
Re: UK citizenshp options for child of parents who are divor
Posted: Mon Feb 01, 2016 8:47 pm
by pedin
thank you both for helpful suggestions
Re: UK citizenshp options for child of parents who are divor
Posted: Mon Feb 01, 2016 9:56 pm
by vinny
pedin wrote:His mother and I are divorced and he lives with her outside UK.
This may be a
difficult hurdle for a settlement visa.
Re: UK citizenshp options for child of parents who are divor
Posted: Mon Feb 01, 2016 10:18 pm
by pedin
Hi Again,
I am getting confused, the more i read.
Is the ILE for him to enter UK linked to the subsequent child settlement issue ? or are they one and the same?
i.e would his chances of getting an entry clearance/visa under the "join family living permanently in UK" be assessed under me proving sole responsibility in addition to other edibility requirements?
if this is the case, are there any there routes that he can join me and study here?
thank for your help again
Re: UK citizenshp options for child of parents who are divor
Posted: Mon Feb 01, 2016 10:23 pm
by CR001
pedin wrote:Hi Again,
I am getting confused, the more i read.
Is the ILE for him to enter UK linked to the subsequent child settlement issue ? or are they one and the same?
i.e would his chances of getting an entry clearance/visa under the "join family living permanently in UK" be assessed under me proving sole responsibility in addition to other edibility requirements? Yes to both
if this is the case, are there any there routes that he can join me and study here? Student visa if he can get sponsorship or child student visa if under 18, neither of which lead to settlement. He would also be classed as an international student and have to pay international rates. You could try the EU route using Surinder Singh route (google it) but would involve shifting 'your centre of life' to another EU country and exercising treaty rights for 6-12 months there to be able to bring him back to the UK with you. A much cheaper route and less formal requirements.
thank for your help again
What is the nationality of your son?
Re: UK citizenshp options for child of parents who are divor
Posted: Mon Feb 01, 2016 10:28 pm
by vinny
ILE is an
endorsement that they may grant, following a
successful settlement visa application.
Re: UK citizenshp options for child of parents who are divor
Posted: Mon Feb 01, 2016 10:29 pm
by Obie
The child will neither qualify for Citizenship Nor would he qualify for ILE, unless you can show sole responsibility, which looks impossible in the circumstances of your case.
Re: UK citizenshp options for child of parents who are divor
Posted: Mon Feb 01, 2016 10:39 pm
by pedin
CR001, He is Indian national, is 15 years old and lives with his mother in India.
I am naturalised UK citizen of Indian origin.
Re: UK citizenshp options for child of parents who are divor
Posted: Mon Feb 01, 2016 10:41 pm
by CR001
Without proof that you have sole responsibility, unlikely he will get a visa and as mentioned, he does not qualify for citizenship.
Re: UK citizenshp options for child of parents who are divor
Posted: Mon Feb 01, 2016 10:45 pm
by pedin
thanks Vinny, Obie and CR001
Agree. its looking increasingly difficult the more i read into this.
I thought it would be straightforward, given i was settled and citizen here and there was no objection from his mother for hint o come here and study and join me.
The only other route that i can see is the tier 4 visa for students, for him to come and study here in an independent school. We are looking at an independent school, but not sure if they can provide sponsorship or used to this process.
If we go down the tier 4 student route, does the time spent on it count to subsequent naturalisation/ILR time clock?
regards
Re: UK citizenshp options for child of parents who are divor
Posted: Mon Feb 01, 2016 10:49 pm
by pedin
sorry ignore my last email.
CR001, you already answered this. thank you
it is looking increasingly difficult
Re: UK citizenshp options for child of parents who are divor
Posted: Mon Feb 01, 2016 10:50 pm
by CR001
No. Tier 4 on its own does not lead to ILR and therefore not citizenship. It can only be used in a combination of visas to apply for ILR based on 10 years long residence.
Google Surinder Singh route, this might be the easiest way for you to bring him. The route might not be around forever though.
Re: UK citizenshp options for child of parents who are divor
Posted: Mon Feb 01, 2016 10:55 pm
by Obie
CR001 wrote:
Google Surinder Singh route, this might be the easiest way for you to bring him. The route might not be around forever though.
I agree with that one.
At least that route has no sole responsibility test, although consent from the other parent will be required..