Parent of a UK Child visa

[logical_1]

Hello, I would like to know if a couple who were married before(UK citizen and Non eu citizen) have to be divorced for 2 years before one of them can apply for a Parent of a UK child visa 5 year route?
I'd really appreciate your replies.
Regards.

[CR001]

No such requirement

[logical_1]

No such requirement

Thanks for the reply. However , what does this mean:

For both entry clearance and leave to remain applications if the child normally lives with their
other British Citizen or settled parent or carer:
 the applicant in the parent route cannot be the partner of this British Citizen or settled
parent or carer (which for leave to remain includes a person who has been in a
relationship with the applicant for less than 2 years prior to the date of application)

[CR001]

That relates to a current partner, not your ex partner.

[logical_1]

That relates to a current partner, not your ex partner.

Thanks.
Would previous overstay in the UK be a problem if an application was made for entry clearance?

[CR001]

It all depends on your circumstances and how strong your case is.

[logical_1]

It all depends on your circumstances and how strong your case is.

@CR001 : Are you an immigration solicitor, if so, could you please OM me your contact details. I'd like to discuss my case with you. Regards.

[logical_1]

It all depends on your circumstances and how strong your case is.

@CR001 : Are you an immigration solicitor, if so, could you please PM me your contact details. I'd like to discuss my case with you. Regards.

[CR001]

I am sorry, I do not help outside of the forum and members are not permitted to post solicitor details publicly either.

You are of course free to post here and members can assist you.

[Obie]

No such requirement

Thanks for the reply. However , what does this mean:

For both entry clearance and leave to remain applications if the child normally lives with their
other British Citizen or settled parent or carer:
 the applicant in the parent route cannot be the partner of this British Citizen or settled
parent or carer (which for leave to remain includes a person who has been in a
relationship with the applicant for less than 2 years prior to the date of application)

Under the rules, a partner is referred to as a person who is married to, in a common law relationship for 2 years or more, civil partnership.

What that paragraph is stating is that, even if a person has not been in a relationship that has lasted for 2 years or more with the mother or father of the British child, they still will not qualify under the parent route.

They emphasized that to close a loophole, where by a person who does not meet the partner route because their relationship has not lasted for 2 years, can try and use the parent route.