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Post by guest 000 » Tue May 11, 2004 4:05 pm

-I have applied for the HSMP programme and would like to move to UK before my family. I would like to know if there is a specific time frame in which my family may join me. I would preferably like them to join me after 6-8 months.

-I had a baby in the Uk a while back and would really love to bring up the boy in the UK.( I am currently out of the Uk). I would like to know if I can return to the Uk on a visiting visa and apply for leave to remain so as to bring the baby up in the Uk.

Kayalami
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Post by Kayalami » Tue May 11, 2004 4:40 pm

-I have applied for the HSMP programme and would like to move to UK before my family. I would like to know if there is a specific time frame in which my family may join me. I would preferably like them to join me after 6-8 months.
Within the validity of their HSMP dependent visa or if they did not apply for one within the validity of your HSMP visa. They must in all cases apply for a visa to join you.
-I had a baby in the Uk a while back and would really love to bring up the boy in the UK.( I am currently out of the Uk). I would like to know if I can return to the Uk on a visiting visa and apply for leave to remain so as to bring the baby up in the Uk.
You can only switch from visitor status in country if you are a non visa national and even then it is only in specific visa categories. Further there is a new requirement that all those who are NOT EEA Nationals/dependents of EEA Nationals who intend to come to the UK for more than 6 months apply for a visa before entry into the UK. This has been split into 2 phases and depending on your nationality has either come into force 13 January 2004 or will do in the next two years.

Your baby if born in the UK after 1 January 1983 where neither you or the mother were settled in the UK is not a British Citizen and thus is subject to immigration control. He/she will be given leave (permission) to enter the UK in line with you e.g. HSMP dependent visa. However if he/she has not been outside of the UK for more than two years the accomodation and maintanace requirements of the immigration rules under which you will apply to enter the UK will not be required for him/her but unless you are really on a tight budget this is IMHO a moot concession.

Knowing the relevant nationalities, period of residence in the UK and category/ immigration status then would facilitate a more comprehensive answer - I can only work with what you give me.

guest 000
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Post by guest 000 » Wed May 12, 2004 11:20 am

1- I got the idea of the "leave to remain" from this add

http://www.ind.homeoffice.gov.uk/default.asp?PageId=152

and as stated belowBN9

Information about citizenship of children who were born in the United Kingdom on or after 1 January 1983

British Nationality Act 1981

Children born to people who are not British citizens and are not legally settled here

17. If neither parent is a British citizen or legally settled here, the child will not be a British citizen at birth. So, if a married couple have only been allowed into this country temporarily, for example, as visitors or students, or to work, and they are still limited as to how long they can stay, or if they are staying on without permission, their child will not be a British citizen at birth. Nor will their child be a British citizen if they have entered the country illegally (for example, without being examined by an immigration officer or otherwise in breach of the immigration laws) and they have not been given permission to stay here indefinitely. If the parents want to stay in the United Kingdom, we recommend that they apply to the Immigration and Nationality Directorate of the Home Office for themselves and their child to be given leave to remain. The address is:

Immigration and Nationality Directorate
Croydon Public Caller Unit
Lunar House
40 Wellesley Road
Croydon
CR9 2BY

You should send your and your child's passport, with his or her birth certificate, and quote any Home Office reference number. Any application for leave to remain should be made on an application form. You can get these forms from the Application Forms Unit at the Immigration and Nationality Directorate or from this website. The telephone number of the Application Forms Unit is 0870 241 0645. Normally, where a child is granted leave to remain, the conditions of the child's leave will be in line with his or her parent(s).

I assumed the visiting section of that paragraph suited me just fine.
I am a Nigerian curently residing in Nigeria. I stayed in England on my visiting visa for almost 4 months. I was issued a 2yr visiting visa with a 6 month visit period(per visit).


2- i applied for my spouse on my HSMP application as she is also skilled. I would like to know if she can join me in a years time (after I request for an extension) or has to join me before the first year lapses.

thanks a million for your time.

tvt
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Posts: 526
Joined: Mon Jul 15, 2002 1:01 am
Location: London

Post by tvt » Fri May 14, 2004 1:19 pm

See response in this forum.
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