After Divorcing in India, my childs situation?

[Rajyop]

Hi All,

My personal situation has got to nightmare, where me and my wife are going to file for divorce soon. Am worried about my 2 year old Sons future

Myself a naturalised British citizen (2015)
My wife use to be on FLR, then involved in Domestic Violance, currently expired and back in India
My son was born in India (when I had ILR, 2014) never came to UK, nor he holds any passport

The court may declare:
a)Sole child custody to me & access rights to my wife
OR
b)Sole child custody to my wife & access rights to me

How do I bring my child to UK, if I have all access rights granted towards my child?, is there any visa for a child or can I directly apply settlement/naturalise?
OR
Can I take a Visa for child if I only have got the access rights to my child, not education, health or other rights?



If any of the above has an 'Yes' answer, can the mother get a visa to the UK on the basis that the child is on a visa or a british child?

Thanks in advance
Raj

[Obie]

You cannot bring your child to the UK, unless you can prove that you have sole responsibility for him, which does not appear to be the case.

[Casa]

How has your wife's FLR(M) visa expired when it was valid for 2.5 years in June and she was living with you in the UK?
http://www.immigrationboards.com/immigr ... l#p1370841

[Rajyop]

Hi obie,

Thanks for your reply!
I think the courts final documents of divorce papers should be able to tell whether I have any responsibility over the 2 year old child or not. Currently it's the question of getting Sole responsibility (slim chances) OR just only the Access Rights. So was asking couple of questions.

Thanks
Raj

[Rajyop]

Hi Casa,

Thanks for the reply!

How has your wife's FLR(M) visa expired when it was valid for 2.5 years in June and she was living with you in the UK?
http://www.immigrationboards.com/immigr ... l#p1370841

It expired last month, it was applied from January 2014 if I remember correctly. Things got worse between us when I want to bring my child to UK and she had other ideas.

Now I just want to fight in court to bring him here, any help and advice is much appreciated.

Thanks
Raj

[Obie]

Would you be able to cope with a 2 years old child alone.

Do you not think at this tender age, he is best place to be with his mother, unless of course she poses some sort of risk to him.

[Rajyop]

Would you be able to cope with a 2 years old child alone.

He loves me more than my wife, there are places that let people work from home 2 days a week. And on top, I can bring my parents that kindly offered me any help to raise my son, and have got supporting relatives and neighbors.

Do you not think at this tender age, he is best place to be with his mother, unless of course she poses some sort of risk to him.

His mother was with him only for 3+ months, he would find it difficult to recognise who she is. My personal situation doesn't sound well.

Thanks for asking!

[noajthan]

And on top, I can bring my parents that kindly offered me any help to raise my son, and have got supporting relatives and neighbors.

Be aware almost impossible to bring parents into UK.

[Rajyop]

And on top, I can bring my parents that kindly offered me any help to raise my son, and have got supporting relatives and neighbors.

Be aware almost impossible to bring parents into UK.

Now this adds some worry, I was under the impression that I can bring my parents as visitors for 6 months at least per year!
My friends and colleagues bring their parents too, in fact I went to meet one of them for lunch, and they didn't say about any tight rules as visitors!

When and if the India court pronounce that am the sole custodian of my child (slim chances again), the fact that am going to be Single Parent, wouldn't the UKBA consider this to at least grand visitor visa for my parents?

Thanks noajthan!

[noajthan]

Now this adds some worry, I was under the impression that I can bring my parents as visitors for 6 months at least per year!
My friends and colleagues bring their parents too, in fact I went to meet one of them for lunch, and they didn't say about any tight rules as visitors!

When and if the India court pronounce that am the sole custodian of my child (slim chances again), the fact that am going to be Single Parent, wouldn't the UKBA consider this to at least grand visitor visa for my parents?

Thanks noajthan!

Your information seems dated and that's a concern; you really need to know who you're dealing with and what you're up against.
And if you don't get sole custody/full parental responsibility its not looking good.
Suggest you work on a plan B.

There is no UKBA anymore. (Abolished in 2013).

The fact you are sole parent and then invite parents may make a visit visitor even harder to be granted.
The main factor in caseworker's mind is what guarantees that 'visitors' will leave at end of stated period of visit (not 6 months, mind, but stated period).

Repeat trips every 6 month are going to end badly.

Visit visas are not for residing.
Visit visas are not for unpaid work (including childminding).

Takeaway: don't take visit visas for granted.

HO plays hardball and there's no right of appeal.
Here's an example:
http://www.immigrationboards.com/immigr ... 16853.html

- here's another:
http://www.immigrationboards.com/genera ... 16714.html

[Rajyop]

That was an eye opener!

THANKS YOU VERY MUCH!!!

Let me work on a plan B.

Thanks,
Raj

[noajthan]

That was an eye opener!

THANKS YOU VERY MUCH!!!

Let me work on a plan B.

Thanks,
Raj

It can't be easy for you at the moment, so good luck.

[sunoo]

You are going through divorce in India? You are British citizen and domiciled in the UK therefore your divorce may not be valid as you are not divorcing her through UK courts.

[Rajyop]

You are going through divorce in India? You are British citizen and domiciled in the UK therefore your divorce may not be valid as you are not divorcing her through UK courts.

Hi Sunoo,

We got married in India, my wife's UK visa has expired, and I still have almost all rights in India as Overseas Citizen of India. I can get a divorce.
Correct me if am wrong, when Home Office recognise our marriage certificate, can't it do the same for Divorce as well?
How can I file a Divorce for someone that has left the UK?, moreover it is expensive in UK than in India.

Thanks
Raj

[sunoo]

Hi Raj,

I am not a solicitor or immigration expert but I am talking from my own personal experience. Many people have been refused visa as there overseas divorce wasn't recognized. You better get some advise from an immigration expert or family solicitor.

Regards

[secret.simon]

In this case, the other party to the divorce, the wife, seems to be clearly domiciled in India and hence I think the Indian courts can be accepted to have jurisdiction.

To the OP: You are in a very sticky situation. Your child has no right to British citizenship through you. I do not know the extent to which the custody of the child is affected by the personal laws of the faith of your wife and yourself, but that may be something that you may wish to check with an Indian lawyer.

Is there a chance that you could reconcile with your wife to the extent that you jointly decide that the child's future lies in the UK? I am sure that even she would have the child's best interests at heart.

You, as a British citizen, have no right to have your parents join you. You may wish to do a Surinder Singh with your parents to move them permanently to the UK, but that would require your parents to commit to moving to the UK.

[Rajyop]

Hi Raj,

I am not a solicitor or immigration expert but I am talking from my own personal experience. Many people have been refused visa as there overseas divorce wasn't recognized. You better get some advise from an immigration expert or family solicitor.

Regards

Thanks Sunoo! Appreciate your point of views
Thanks

[Rajyop]

In this case, the other party to the divorce, the wife, seems to be clearly domiciled in India and hence I think the Indian courts can be accepted to have jurisdiction.

This is what I originally thought too

Is there a chance that you could reconcile with your wife to the extent that you jointly decide that the child's future lies in the UK?

It is highly unlikely, the reason last two years I stayed with her is only considering the welfare of my child.

I am sure that even she would have the child's best interests at heart.

I was thinking the same, we took a counselling as well, and after that their parents advised her to marry someone else in the UK, and I know she cant do that before divorcing me.

You, as a British citizen, have no right to have your parents join you. You may wish to do a Surinder Singh with your parents to move them permanently to the UK, but that would require your parents to commit to moving to the UK.

Am confused with the name Surinder Singh, is that a typo?

I think my parents would commit for a bit more than 5 years, just for my son

Thanks very much, am getting good information here!

[noajthan]

No, Surinder Singh is not a typo:
https://www.freemovement.org.uk/surinde ... ion-route/