ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Visa for child born in India for post baby born ILR father

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

Locked
gsurjit
Newly Registered
Posts: 7
Joined: Fri Mar 02, 2012 12:04 pm

Visa for child born in India for post baby born ILR father

Post by gsurjit » Fri Mar 18, 2016 3:18 pm

Hi

I have checked all relevant posts before creating this new thread. I feel I have a different situation than others. Please excuse if I have missed any thread which has similar situation as mine

Back Ground:

I am on ILR, got it in 11th April 2015.
My baby girl born in India 11 days before I got ILR 1st April 2015.

My wife is on Tier 1 dependent (PBS) and it will expire on 9th April 2017. She had come to UK in Dec 2010 as Tier 1 dependent and stayed with me until Feb 2015( 4 year 3 months). She is India from last 1 year 3 months.

I have following questions,It would be great if someone can help on this.

1. What visa I should apply for my daughter from India ? What will be her visa validity?

2. Can my wife apply for ILR once she come here and stay another 7 months? Will the new 5 year route apply to her or the old one as she got first entry clearance in Dec 2010?

3. Can you please suggest best possible visa route for my wife and child to get ILR?

Regards,

Surjit

User avatar
CR001
Moderator
Posts: 86826
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Visa for child born in India for post baby born ILR fath

Post by CR001 » Fri Mar 18, 2016 3:34 pm

1. What visa I should apply for my daughter from India ? What will be her visa validity? Tier 1 G dependent. Visa validity will be same as what your wife's visa is.

2. Can my wife apply for ILR once she come here and stay another 7 months? Will the new 5 year route apply to her or the old one as she got first entry clearance in Dec 2010? Assuming she did not apply for a visa from India. Should be ok on 2 years basis. You will need to provide evidence of communications, visits etc for the time that she has been away.

3. Can you please suggest best possible visa route for my wife and child to get ILR? There is no shorter route. Tier 1 G dependent will be your best option. The other route, spouse/child settlement visa, will be a new 5 year route (2 X 2.5 year visas).
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

gsurjit
Newly Registered
Posts: 7
Joined: Fri Mar 02, 2012 12:04 pm

Re: Visa for child born in India for post baby born ILR fath

Post by gsurjit » Fri Mar 18, 2016 3:45 pm

CR001 wrote:
1. What visa I should apply for my daughter from India ? What will be her visa validity? Tier 1 G dependent. Visa validity will be same as what your wife's visa is.

2. Can my wife apply for ILR once she come here and stay another 7 months? Will the new 5 year route apply to her or the old one as she got first entry clearance in Dec 2010? Assuming she did not apply for a visa from India. Should be ok on 2 years basis. You will need to provide evidence of communications, visits etc for the time that she has been away.

3. Can you please suggest best possible visa route for my wife and child to get ILR? There is no shorter route. Tier 1 G dependent will be your best option. The other route, spouse/child settlement visa, will be a new 5 year route (2 X 2.5 year visas).
Thanks CR001. That's really helpful.

[Assuming she did not apply for a visa from India. Should be ok on 2 years basis. You will need to provide evidence of communications, visits etc for the time that she has been away.]

She had only applied the entry clearance from India. Other visa extensions we had applied together from UK. With respect to evidence of communication, Can you please elaborate? Do you mean, Phone bills Skype and whatsapp communications? What else can be evidence of communications?

Regards,

Surjit

User avatar
CR001
Moderator
Posts: 86826
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Visa for child born in India for post baby born ILR fath

Post by CR001 » Fri Mar 18, 2016 4:02 pm

I mean her current visa. If issued in the UK then she should be fine under the 2 year route.

You need to prove subsisting marriage, so yes, Skype and whatsapp and any visits you have made etc.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

gsurjit
Newly Registered
Posts: 7
Joined: Fri Mar 02, 2012 12:04 pm

Re: Visa for child born in India for post baby born ILR fath

Post by gsurjit » Fri Mar 18, 2016 4:12 pm

CR001 wrote:I mean her current visa. If issued in the UK then she should be fine under the 2 year route.

You need to prove subsisting marriage, so yes, Skype and whatsapp and any visits you have made etc.
Thanks a lot CR001.

gsurjit
Newly Registered
Posts: 7
Joined: Fri Mar 02, 2012 12:04 pm

Re: Visa for child born in India for post baby born ILR fath

Post by gsurjit » Tue Apr 19, 2016 3:57 pm

Hi,As rightly suggested in the forum, I have applied for Tier1 dependent visa for my daughter last week.

The application is refused as I had not provided the screening test for pulmonary tuberculosis( I thought as she is an infant doesnot need the test/certificate, my mistake :(.

The decision says : "You have failed to present a valid medical certificate. This means that your application is refused under 320(A) of Immigration Rules. As your application is refused under a general ground for refusal this in turn means that your application is refused under general ground under paragraph 319 H(a) which states the applicant must not fall for refusal under the general grounds for refusal and if applying for leave to remain, must not be an illegal entrant.

I have therefore refused your application because I am not certified, on the balance of probabilities of that meet all of the requirements of relevant paragraph of UK Immigration rule. "

I checked 320 (A),
320(8A) where the person seeking leave is outside the United Kingdom, failure by him to supply any information, documents, copy documents or medical report requested by an Immigration Officer;

They have mentioned, I can apply for Administration review.

I am getting confused here.

Do I need to apply for a new application?

or Apply for Addmistion review and send the medical certificate.?

Can you please help me as soon as possible? As I have only 23 days to apply for Administration review.?

Regards,

Surjit

gsurjit
Newly Registered
Posts: 7
Joined: Fri Mar 02, 2012 12:04 pm

VISA Refusal - tuberculosis medical certificate

Post by gsurjit » Wed Apr 20, 2016 9:02 am

Hi, I have applied for Tier1 dependent visa for my daughter last week.

The application is refused as I had not provided the screening test for pulmonary tuberculosis( I thought as she is an infant doesn't need the test/certificate, my mistake :(.

The decision says : "You have failed to present a valid medical certificate. This means that your application is refused under 320(A) of Immigration Rules. As your application is refused under a general ground for refusal this in turn means that your application is refused under general ground under paragraph 319 H(a) which states the applicant must not fall for refusal under the general grounds for refusal and if applying for leave to remain, must not be an illegal entrant.

I have therefore refused your application because I am not certified, on the balance of probabilities of that meet all of the requirements of relevant paragraph of UK Immigration rule. "

I checked 320 (A),
320(8A) where the person seeking leave is outside the United Kingdom, failure by him to supply any information, documents, copy documents or medical report requested by an Immigration Officer;

They have mentioned, I can apply for Administration review.

I am getting confused here.

Do I need to apply for a new application? if yes should I wait 10 or 15 days before applying or I can apply immediately?

or Apply for Addmistion review and send the medical certificate.?

Can you please help me ?

Regards,

Surjit

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?

Re: Visa for child born in India for post baby born ILR fath

Post by geriatrix » Wed Apr 20, 2016 12:01 pm

Make a new application, whenever you wish to.
Life isn't fair, but you can be!

gsurjit
Newly Registered
Posts: 7
Joined: Fri Mar 02, 2012 12:04 pm

Re: Visa for child born in India for post baby born ILR fath

Post by gsurjit » Wed Apr 20, 2016 2:51 pm

geriatrix wrote:Make a new application, whenever you wish to.
Thanks geriatrix for the response. I am going to apply with a new application and include the medical certificate.

Note : Remember to submit medical report for pulmonary tuberculosis from HMRC recommend hospital mentioned in their document.This is the document one can easily miss as there is no where it mentioned in the checklist or in the application, specially for child. Even I surprised, the VFS executive did not asked for it.

Locked
cron