Immigrationboards.com

Me and My wife is going for Divorce and she already left UK in March 2023.
I am going to take custody of my child and My wife is ready to give consent for the same
My daughter is already due for ILR and her current visa is getting expire in Feb 2024 and befoe that i have to apply her ILR

Problem is we are going on divorce from next month in India and it will take time minimum 6 mnoths to get Divorce certificate

IF i get certificate in jan 2024 , Then i can apply her ILR based on her consent of giving child custody and divorce certificate where it mentioend about the child custody#

IF I would not get Divorce certificate on time is there any other way that i can apply My daughter's ILR. My wife is ready to give consent of child custody from india before Divorce done or in progress

Please Suggest as i am in very difficult situation now

Thanks

You need to demonstrate you have sole parental responsibility (not just custody) but custody will be taken into account. Proving that you have sole parental responsibility very much depends on your circumstances. Children normally are expected to follow the immigration path of the less privileged parent.

Following are some of the factors that will be considered in assessing sole responsibility:

•Whether the parents are married/in a civil partnership
•If the marriage/civil partnership is dissolved – which parent was awarded legal custody
•If the sponsoring parent has migrated to the UK – how long have they been separated from the child and what relationship they have with the child
•If the sponsoring parent has migrated to the UK, the nature of the child’s care arrangements before and after they migrated
•Who bears the child’s maintenance costs and at what proportion
•Who makes the important decisions about the child’s upbringing, for example, where the child lives, which school they attend, etc

Check out the 'Sole parental responsibility' section in this guide: https://assets.publishing.service.gov.u ... tances.pdf

Thanks for your reply

Can you please let me know how i can prove that i have sole responsiblity of my child

If my wife provide sole reponsibly letter through indian court , would it be acceptable by Home office ?

As i want to apply ILR for my child before Divorce done as it may or may not take time

For your information : My child is with me from last 3 months and i am the only one who is look after her and taking all decision for her like schooling, Doctor appointment and all

Anything else required to prove sole responsiblity of my child

Also what will happend if my Divorce not doneand in progress while i apply ILR for my child

Thanks

You provide all the evidence you have. It is up to UKVI to be satisfied with the case. Securing custody and divorce will help a lot but there are no guarantees

Thank you

Is Sole parent responsibilty letter authorised by Indian court OR UK court will help in this case

will it make my case stronger

As I explained to you above, 'sole parental responsibility' is a concept under the UK immigration rules. UKVI will consider evidence provided by your sources to evaluate that. It is ONLY the UKVI that can make such an evaluation, not any other authority

zimba wrote: ↑

Mon Jun 26, 2023 12:32 pm

As I explained to you above, 'sole parental responsibility' is a concept under the UK immigration rules. UKVI will consider evidence provided by your sources to evaluate that. It is ONLY the UKVI that can make such an evaluation, not any other authority

Ok...Thanks

So there is no certain detail provided in this case by UK Home office
any way I will provide evidence as much as i can

I spoke one of solicitor and he advised me that you can apply your British citizen along with your daughter and there will be more chance to get British citizen for both of us and also will save money as well for ILR

Will it be possible that i can apply direct British citizen of my daughter along with me

Please advise

rbajju wrote: ↑

Mon Jun 26, 2023 6:20 pm

I spoke one of solicitor and he advised me that you can apply your British citizen along with your daughter and there will be more chance to get British citizen for both of us and also will save money as well for ILR

Will it be possible that i can apply direct British citizen of my daughter along with me

Please advise

Nationality law is quite different. Sole parental responsibility still is VERY important. Is your child born in the UK ?

No, She born outside UK

zimba wrote: ↑

Mon Jun 26, 2023 6:39 pm

rbajju wrote: ↑

Mon Jun 26, 2023 6:20 pm

I spoke one of solicitor and he advised me that you can apply your British citizen along with your daughter and there will be more chance to get British citizen for both of us and also will save money as well for ILR

Will it be possible that i can apply direct British citizen of my daughter along with me

Please advise

Nationality law is quite different. Sole parental responsibility still is VERY important. Is your child born in the UK ?

Registration guide says :

If the child’s parents have divorced or separated and the child does not have ongoing contact with the other parent, you should be satisfied that either:
• the parent having day-to-day responsibility for the child is, or is about to become a British citizen
• the parent having day-to-day responsibility is settled here but there are strong reasons why registration would be appropriate

As you see, sole parental responsibility is still relevant here. I think such an application without you going through legal separation/divorce, cannot succeed.

https://assets.publishing.service.gov.u ... ildren.pdf

rbajju wrote: ↑

Sun Jun 25, 2023 5:02 pm

Me and My wife is going for Divorce and she already left UK in March 2023.
I am going to take custody of my child and My wife is ready to give consent for the same
My daughter is already due for ILR and her current visa is getting expire in Feb 2024 and befoe that i have to apply her ILR

Problem is we are going on divorce from next month in India and it will take time minimum 6 mnoths to get Divorce certificate

IF i get certificate in jan 2024 , Then i can apply her ILR based on her consent of giving child custody and divorce certificate where it mentioend about the child custody#

IF I would not get Divorce certificate on time is there any other way that i can apply My daughter's ILR. My wife is ready to give consent of child custody from india before Divorce done or in progress

Please Suggest as i am in very difficult situation now

Thanks

Hi,
I have one query in this thread which i forgot the asked last time.

Do i need to inform Home office about my Marriage Breakdown as My wife already left UK in March.
If i would not inform to home office now, would it be problem for my child ILR whenever i will apply

Yes, you need to report that. I already told you that a child needs both parents to settle UNLESS you have sole responsibility

zimba wrote: ↑

Tue Sep 12, 2023 1:40 pm

Yes, you need to report that. I already told you that a child needs both parents to settle UNLESS you have sole responsibility

Thanks for your response

But do i legally bound to inform home office as still divorce is in progress and i will get divorce certificate and sole responsiblity letter in 3-4 months time.

So would it be still be required to inform HO as I am not on dependent visa

Your partner is required to do that if they have a visa. However, there is no harm for you to report that as that can help make the case for sole responsibility

https://www.gov.uk/visas-when-you-separate-or-divorce

zimba wrote: ↑

Tue Sep 12, 2023 2:11 pm

Your partner is required to do that if they have a visa. However, there is no harm for you to report that as that can help make the case for sole responsibility

https://www.gov.uk/visas-when-you-separate-or-divorce

Ok...Thanks a lot

I am going to submit the application in december/january so i will do it may be in this month or next month

Sole responsibility.