PR for Child

anandh79 · Post by **anandh79** » Tue Mar 05, 2013 11:52 am

Hi,

I have been getting mixed responses on whether my child can directly apply for british passport or need to apply PR before that.

My child was born in UK and currently holds indian passport. She is in tier1 dependant now.

In order to save money, I assumed that myself and spouse can get converted to PR and once we got the PR, we can make the kid apply for british passport.

1. Let me know whether this is possible or any separate process for indian passport.

Another scenario is , i want to make myself getting into PR and keep my wife and kid in tier 1 dependant for couple of months since we are going to india and also i don't want to risk all money to be lost in case my PR gets rejected.

Regards

wpilr_nov12 · Post by **wpilr_nov12** » Tue Mar 05, 2013 11:54 am

anandh79 wrote:Hi,

I have been getting mixed responses on whether my child can directly apply for british passport or need to apply PR before that.

My child was born in UK and currently holds indian passport. She is in tier1 dependant now.

In order to save money, I assumed that myself and spouse can get converted to PR and once we got the PR, we can make the kid apply for british passport. Not a bad idea. This would be the recommended way.

1. Let me know whether this is possible or any separate process for indian passport.

Another scenario is , i want to make myself getting into PR and keep my wife and kid in tier 1 dependant for couple of months since we are going to india and also i don't want to risk all money to be lost in case my PR gets rejected. Depends on when your wife's and daughter's T1Dep status expiresRegards

anandh79 · Post by **anandh79** » Tue Mar 05, 2013 11:57 am

Thanks WP,

Our Tier 1 expires on MArch 2014.

Even though i have already completed 5 years, due to new rule waiting for the 180 days uplift.

So if i get my PR in May, can my wife still travel in and out of country with Tier 1 dependant status.

Regards

vinny · Post by **vinny** » Tue Mar 05, 2013 12:27 pm

See also child born in UK.

anandh79 · Post by **anandh79** » Tue Mar 05, 2013 2:01 pm

Hello,

The faq states the following.

Q32 - When should I consider including my UK-born child in my settlement application?
Under the following circumstances:
1. - If your UK-born-child had applied for leave in the past which is due to expire before you can expect a decision on your settlement application and you have reason(s) to believe that your settlement application may be refused. Including the child in your application will ensure that the child gets the same appeal rights as you do.
2. If you wish to travel abroad with the child soon after you receive settlement and do not have the time to apply for child's registration and British passport (and receive these documents) before you travel.

I am concerned about second point as it applies to me. Even though i will not have time to apply for child's registration, the child's visa will be valid till March 2014. So can the kid still travel to India and come back.

Additionally i have the following questions.

1. Assuming my wife is not eligible for PR and she has tier 1 dependant till march 2014, what will be her status after I get my PR. Do i need to apply separately ILR dependant or something.

2. Once i get my PR, does my wife and kid tier 1 status becomes nullified even though you have validity till march 2014.

Regards
Anandh.B

Regards
Anandh.B

vinny · Post by **vinny** » Tue Mar 05, 2013 5:02 pm

1. Their status remain the same.
2. No.

vinny · Post by **vinny** » Tue Mar 05, 2013 5:14 pm

anandh79 wrote:So if i get my PR in May, can my wife still travel in and out of country with Tier 1 dependant status.

Yes. Refusal of entry is subject to 321A or 320(5).

A PBS dependant may continue to apply for leave to remain in the same category, after the PBS holder has been granted ILR under PBS or subsequently British citizenship. Therefore, IMHO, there has not been such a change in the circumstances of that person's case since the leave was given, that it should be cancelled. Nor has the PBS dependant's purpose changed.

anandh79 · Post by **anandh79** » Tue Mar 05, 2013 9:29 pm

Hi Vinny,

Thanks for the reply.

I forgot to mention that my wife is already eligible for PR. The only reason that I am not applying is that my PR is bit complicated and i need to travel to india on June.

So, i dont want to risk putting money on my wife and kid application.

So, i wanted to apply for myself, get PR, go to India and then once we return will apply for my wife.

Since my wife and kid will be staying in india for a month, i was concerned whether if they return will cause any problem for their entry.

Regards

anandh79 · Post by **anandh79** » Sat Mar 09, 2013 12:16 pm

vinny wrote:
anandh79 wrote:So if i get my PR in May, can my wife still travel in and out of country with Tier 1 dependant status.
Yes. Refusal of entry is subject to 321A or 320(5).

Hi Vinny,

You have mentioned Refusal subject to the sections. After reading those, i am bit confused. Will that cause any concern for my wife and kid travelling with the current visa status they have.

A PBS dependant may continue to apply for leave to remain in the same category, after the PBS holder has been granted ILR under PBS or subsequently British citizenship. Therefore, IMHO, there has not been such a change in the circumstances of that person's case since the leave was given, that it should be cancelled. Nor has the PBS dependant's purpose changed.

vinny · Post by **vinny** » Sat Mar 09, 2013 12:25 pm

IMHO, they should be okay.

It would be illogical to allow PBS dependants to continue to apply for leave to remain as PBS dependants but not allow them to travel in that category (20A and 20B), unless the lLR was granted under Long Residence.

anandh79 · Post by **anandh79** » Tue Jul 30, 2013 1:38 pm

Hello Vinny,

There are so many links and stuffs to read.

Can you point me to the exact para which talks about that child can travel even with tier1 dependant status whereas their parents have ILR

All the links that you sent talks only about partner and not about child.

Regards
Anandh.B

vinny wrote:IMHO, they should be okay.

It would be illogical to allow PBS dependants to continue to apply for leave to remain as PBS dependants but not allow them to travel in that category.

vinny · Post by **vinny** » Tue Jul 30, 2013 1:39 pm

anandh79 wrote:Hi,

Myself and my wife have got the PR, and the child is in Tier 1 dependant valid till March 2014. I will be applying BC to my child later.

My wife and kid have gone back to india and returning next week.

I am a bit concerned whether the immigration officials are aware of the fact that the kid can enter into UK with Tier 1 dependant status even though the parents have ILR.

Should my wife take any printouts of rules and policies, if so can someone give me the link and the paragraph which should be taken as printout.

Please note that the child is born in UK and have asked my wife to carry a copy of Birth Certificate as well.

Please let me know.

Regards
Anandh.B

vinny · Post by **vinny** » Tue Jul 30, 2013 6:18 pm

CSREDDY25 · Post by **CSREDDY25** » Tue Jul 30, 2013 9:43 pm

Hi Vinny,

according to the rule you have posted there is now not a chance for ILR for a tier -1 dependant child ,who got the leave to enter on that status after 9th July 2012.

My scenario is

I am on Tier-1 status eligible for ILR in september 2013
My wife on Tier-1 spouse dependant ( issued after 9th July 2012)( she now falls under 5 year rule, although we were in UK together for over 7 years but under different visa categories)( so she is not eligible for ILR with me)
My daughter on Tier-1 child dependant( issued after 9th July 2012)

Could you please kindly go thorugh the following rule and kindly advise if my daughter is eligible to apply for ILR along with me.
I was reading the immigration rules very often but i have found this change quiet recently.(before it used to be both parents lawfully present in the uk, but its now changed to both parents lawfully settled in the UK or subject to the following rule)

Rule 319J(e) Both of an applicant's parents must either be lawfully settled in the UK, or being granted indefinite leave to remain at the same time as the applicant, unless:

(i) The Points Based System Migrant is the applicant's sole surviving parent, or

(ii) The Points Based System Migrant parent has and has had sole responsibility for the applicant's upbringing, or

(iii) there are serious and compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made for the applicant's care, or

(iv) One parent is, at the same time, being granted indefinite leave to remain as a Relevant Points Based System Migrant, the other parent is lawfully present in the UK or being granted leave at the same time as the applicant, and the applicant was granted leave as the child of a Relevant Points Based System Migrant under the Rules in place before 9 July 2012.

I think the above rule is clear but just checking if that rule affects me.

very much appreciate your reply Vinny. I have posted this in another place aswell but didn't get response from anyone.

Thank you.

vinny · Post by **vinny** » Wed Jul 31, 2013 12:42 am

CSREDDY25, please continue in previous thread.

yahwadud · Post by **yahwadud** » Wed Jul 31, 2013 2:39 pm

Hello vinny.please does one have to pay the biometric fingerprint fee after appeal is win?

k.u.m.a.r · Post by **k.u.m.a.r** » Wed Mar 12, 2014 1:33 pm

hi anandh79,

Could you please post an update and let us know if your dependent was allowed to enter UK on "Tier-1 dependent" status after you got your PR?

Your reply helps other users. Thanks for your time

-Kumar

kumar_pbv · Post by **kumar_pbv** » Fri Jul 03, 2015 7:49 pm

Can some one please help me on the below
http://www.immigrationboards.com/immigr ... l#p1210241

Hi,

I was on Tier 1 General visa before and my wife joined me in March 2014 as a dependent. In feb 2015 we both went to india and she continued her holiday in india for exam purpose. I am back to UK and I switch to SET O in early May 2015.

Now I am holding SET O in UK from May 2015, and my wife in India having Tier 1 Dependent visa valid upto FEB 2016. Now she is planning to come UK in few days. Can she able to come into UK with the existing valid Tier 1 Dependent even I switched to SET o. or does she also need to switch to SET o dependent.

Please help, if you could share some sort of links for reference would help.

Thanks,
Kumar

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