Child ILR After Divorce

[samirgfx]

Hi My Name is Mohamed and I'm from Egypt and currently Hold an Egyptian nationality.
Currently, me, my wife and our two sons (4 years and 6 years) have been issued a Tier 2 visa
since 04-07-2017 for five years and it should expire on 15-07-2022 (5 years visa); I'm the main applicant
and my wife and my two sons are dependants on me.

Regarding ILR after five years, from all the documents I have read so far, for the children to be eligible
for ILR after five years BOTH PARENTS must have it or at least apply for it with their children application
otherwise a child can't obtain the ILR.

Now, unfortunately, both me and my wife are considering a divorce and we both know that this will
end her Tier 2 visa as a dependant and that she must return back to Egypt which eventually means that
she will not be eligible for ILR after the five years.

What really concerns me is my children status when they apply for ILR because I only accepted the job offer and moved to the UK just for the sake of a better life for my kids and I don't want to take any action now
that I might regret later!!

Can any of the experts guide me on what to do ? or whether my kids will be eligible for the ILR when only
me applies for it ? and if there are things to consider, what are these things ?

Thanks in advance.

[vinny]

If you have sole responsibility or there are serious and compelling family or other considerations which make exclusion from the United Kingdom undesirable and suitable arrangements have been made for their care, then your kids will be eligible for ILR with you.

[samirgfx]

Thank you for your reply.

Can you please elaborate on "sole responsibility" ? how can I prove that ?
if we decide to go with the divorce my wife is willing to write a statement confirming that she had no
involvement in raising our kids, would this suffice ? or is it even required ?

Thanks in advance.

[CR001]

Thank you for your reply.

Can you please elaborate on "sole responsibility" ? how can I prove that ?
if we decide to go with the divorce my wife is willing to write a statement confirming that she had no
involvement in raising our kids, would this suffice ? or is it even required ?

Thanks in advance.

Please do click on the 'sole responsibility' link that vinny provided.

[samirgfx]

Thank you, I already clicked on that link and it doesn't say anything regarding whether a confirmation
letter from my wife would help confirm that I have sole responsibility of the kids.

It says "If the parents’ marriage / civil partnership is dissolved, which parent was awarded legal custody, which includes assumption of responsibility for the child?"

But we wont take that road as our kids are in the best interest of both me and my wife and we both
would arrange whatever needed for them so that they can get the ILR.

Again, sorry, would a letter from my wife stating that she abdicated the responsibility/custody
of the kids to me work as a proof of my sole responsibility over the kids.

Thanks

[CR001]

If she relinquishes parental responsibility and custody, this might affect any future visa application for her to visit the children.

[samirgfx]

Thank you. Visiting the children here is not a problem anyways as I will definitely travel to Egypt
many times during my stay in the UK as my whole family lives there. What concerns us now is whether
a letter from her would give me the sole responsibility ?

Thank you.