Tier 2 Dependent Child Visa - Parents divorced

[uktier2guy]

Hi
I am an Indian male, in UK on Tier 2 (General), sponsored by a A-list company. I am divorced and my ex-wife lives in India.

We have a kid of 7 years and as per the divorce agreement he is of joint custody but lives in India with his mom. I am trying to apply for his Tier 2 Dependent visa to get him here.

Please help me with clear process as I was told that I might need consent of sole custody from my Ex-wife.

I am unable to get much details after googling for long.

Thanks

[vinny]

See also 319H(f).

[uktier2guy]

Thanks.

I have gone through it. But it doesn't explain the process to apply for Child dependent visa when parents are divorced and one parent is in abroad(my case India) with whom child is living.

Please can you moderators help me.

[marcnath]

Thanks.

I have gone through it. But it doesn't explain the process to apply for Child dependent visa when parents are divorced and one parent is in abroad(my case India) with whom child is living.

Please can you moderators help me.

Unfortunately, you can only apply for your child's dependant visa if you have sole custody. Actually the rules say "... has and has had...", so even changing to sole custody now is unlikely to help.

He can obviously visit you on a standard visa but cannot stay here.

[uktier2guy]

Thanks for the inputs.
Please advise where exactly this sole custody clause and those words mentioned and where I can get the full details of the process even if it a difficult one. I wish to understand the procedure first.

Is there any FORM where the Mother can sign giving the sole custody of the child to me to allow applying for his visa.

Also, if I get ILR and later Citizenship, will the rules change to apply for his ILR and Citizenship as father with ILR/Citizenship.

Best Regards

[CR001]

Please advise where exactly this sole custody clause and those words mentioned and where I can get the full details of the process even if it a difficult one. I wish to understand the procedure first.

Have you clicked on the links that vinny has provided (319H and (f))?? See also immigration-for-family-members/sole-res ... 13087.html

Is there any FORM where the Mother can sign giving the sole custody of the child to me to allow applying for his visa.

If you have joint custody after divorce in the form of a court order, you will need to get the same changed giving you sole responsibility. Still no guarantee that you will be successful with the visa.

Also, if I get ILR and later Citizenship, will the rules change to apply for his ILR and Citizenship as father with ILR/Citizenship.

A child born abroad usually qualifies for citizenship when at least one parent is applying for has already and the other parent holds ILR. The rules for ILR will be the same as for the PBS Dependent visa, the question of the other parent will be asked.

[dora84]

Thanks for the inputs.
Please advise where exactly this sole custody clause and those words mentioned and where I can get the full details of the process even if it a difficult one. I wish to understand the procedure first.

Is there any FORM where the Mother can sign giving the sole custody of the child to me to allow applying for his visa.

Also, if I get ILR and later Citizenship, will the rules change to apply for his ILR and Citizenship as father with ILR/Citizenship.

Best Regards

Sorry to bother you. I am in the same situation now. Have you been successful with your visa? What documents did you provide?