British Citizenship for a child of divorced parents

[doraramu84]

Hi,

I am a single mother (indian national) of a 10 year old boy. Got divorced 5 years back. I am working in UK in tier 2 general visa. I will be eligible for ILR in next 7 months. My son is born in India. I am planning to bring him to uk once I get my ILR (by proving sole responsibility.) . I would like to know if he will be eligible to apply for British citizenship when I apply for British citizenship if I prove sole responsibility. His father is an indian national. He has not had any contact with my son ever since he is born.

Thanks,
Radha

[zimba]

When you get ILR, you should aim to get him Indefinite Leave to Enter (ILE) proving sole responsibility. Later on when you want to apply for your own citizenship application, you may try to register him using form MN1 under section 3(1) where the grant of citizenship is discretionary. It is up to secretary of the state to determine if it is appropriate to grant him British citizenship

[CR001]

Note also that older children require 2 years residence before they can apply for citizenship.

[doraramu84]

Thank you Zimba, CR001 for the reply. It is much appreciated.

So, I understand that
1. My son can apply for british citizenship regardless of his father's ILR/Citizenship status (his father does not hold ILR or British citizenship).
2. I dont need to get consent from my Ex as I have the sole responsibility.

Does he need to prove 2 years of residence if he is under 13?

I can't find the rules for section 3(1). Can you please share link?

Thanks

[CR001]

What evidence of sole responsibility will you be submitting for the child to join you in the UK?

HO might question why he has not joined you already given you have been here for x number of years. Who looks after him and who does he live with?

[doraramu84]

Hi CR001,

I have earlier applied for his tier 2 dependent visa and it got rejected saying there is no legal document to prove that I have sole responsibility.

I have submitted letters from school, doctor, skype records, bank statement, letter from my dad.

Now, I am going to get a court order stating my ex has abandoned him and I am solely responsible (I think as per India guardianship law, I will be given court order saying I am the only legal guardian for my child) for his upbringing. Hoping that would do for his settlement visa .He has been staying with my parents.

Do I need to submit any other documents?

Thanks

[CR001]

immigration-for-family-members/sole-res ... 13087.html

[doraramu84]

Hi CR001,

Thanks for the links.

With the court order from India stating that I am the only legal guardian / solely reponsible, do I stand any change of settlement visa? What are the other things / documetn I should take care of?

Also, Can you please answer my previous questions?

"
Thank you Zimba, CR001 for the reply. It is much appreciated.

So, I understand that
1. My son can apply for british citizenship regardless of his father's ILR/Citizenship status (his father does not hold ILR or British citizenship).
2. I dont need to get consent from my Ex as I have the sole responsibility.

Is my understanding correct?

Does he need to prove 2 years of residence if he is under 13?

I can't find the rules for section 3(1). Can you please share link?

Thanks

"

[CR001]

Page 15.

https://assets.publishing.service.gov.u ... -Jul19.pdf

[doraramu84]

Hi CR001,

Sorry to bother you again.

It says,

the parents’ nationality and immigration status – we expect either both parents
to be British citizens or one parent a British citizen and the other parent settled
in the UK

In my case My Ex is not settled in UK. would this be a problem? would it be fine if I prove sole responsibility?

Thanks,

[doraramu84]

Hi,

Can you please answer my previous questions?

Thanks,

[zimba]

Yes. You have been given this advice several times now. You must prove sole responsibility and secure ILE for your child first. Then worry about the citizenship application