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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7430
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, I came here on 12 Nov 2007 on HSMP sponspored by my employer.

Resolved Question:

I came here on 12 Nov 2007 on HSMP sponspored by my employer. I still work for the same employer and on maternity leave now.

I got married on May 28 2009.

When it came for renewal in Oct 2009, I went in for a dependent visa on my husband who has a PR status. So from Oct 15 2009 till date, I have a dependent visa on my husband.

My child for which my husband is the father, was born in March 2010 and has a british passport.

I still hold Indian passport. If I divorce/separate, will I have residency rights given that my child has a british passport?

Submitted: 6 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 6 years ago.



Thanks for your question.


You do not automatically become eligible for a British passport because your child has one.


Were you to divorce your spouses visa would be curtailed and you would have to apply for discretionary leave to remain to the Home Office citing Article 8 (Right to Private & Family Life) of Europeans Convention on Human Rights.


If you stay married then after 5 years you should apply for indefinite leave to remain. Once you have received this you should wait a further year and then apply for naturalisation. Once you have been naturalised you will be eligible to apply for a British passport.


Continue on your Visa, renewing if necessary until you reach 5 years of marriage then follow the above.


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Kind regards,





Edited by T_Graham12 on 5/14/2010 at 8:39 AM EST
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