Request for Guidance: ILR for Child Under Sole Custody Post-Divorce

[KRReddy1978]

My Husband is on ILR and working in UK. but he had mental health issues and treating by NHS and under medication .is there will be impact on my dependent Visa. please advice . please make this as priority base

[CR001]

No issue.

[KRReddy1978]

Thank you for prompt reply, if you are attorney please share your contact. or send me message to email address removed by moderator.

[CR001]

Please do not post your personal contact information on the forum.

If you have questions, just post them and members can respond.

[KRReddy1978]

I currently hold Indefinite Leave to Remain (ILR) in the UK. My wife and child (under 18 years old) are on dependent visas. However, my wife and I are undergoing a mutual divorce, which is currently in process. She has expressed her intention to handover custody of our child, and I will be taking full responsibility as the sole custodian. A court order granting me full custody is expected.

Given this situation, I would like to know if I can apply for ILR for my child. If so, please advise on the application process and the estimated timeline.

[zimba]

It is not about custody. Note that sole parental responsibility means that one parent has abdicated or abandoned parental responsibility, and the remaining parent is exercising sole control in setting and providing the day-to-day direction for the child’s welfare.

There are specific 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

The immigration rules cover this in detail under Appendix Children: https://www.gov.uk/government/publicati ... e_parental

You are not considering whether the child’s parent (or anyone else) has day-to-day responsibility for the child, but whether the parent has continuing sole control and direction of the child’s upbringing, including making all the important decisions in the child’s life. If not, then they do not have sole parental responsibility for the child. You must carefully consider each application on a case-by-case basis. The burden of proof is on the applicant to provide satisfactory evidence that a parent has sole parental responsibility.

For entry clearance cases, it may be necessary to use local intelligence relating to the applicant’s home country or location to advise on what evidence you should expect to see, or what is likely to be available that you could reasonably ask for, as well as how much weight to give to particular types of evidence. Country-specific information can be found in the country of origin information or via the relevant UK embassy or high commission staff.

[KRReddy1978]

Yes , after divorce I will be sole responsibility of my child. I am in settled status here. currently my child is in Dependent status.
Please advice.

[zimba]

Yes , after divorce I will be sole responsibility of my child. I am in settled status here. currently my child is in Dependent status.
Please advice.

But how ?? I repeat, sole responsibility is NOT the same as having sole custody at all. You need to demonstrate that the other parent is mostly NOT involved in the life of the child. If that is not the case now (or it is unlikely to be after the divorce), then proving sole responsibility is not possible

[KRReddy1978]

"Yes, according to my child's preference, and because she is unable to take care of child. i will demonstrate.