Entry clearance for wife and child born in UK after ILR

[sv345]

Hi,

I need help in deciding which visa type my wife and child need to apply from Delhi, India.

Situation is (I separated various points for clarity purpose):
1) I (on Tier 2 G) was with my wife (on Tier 2 G-dependent) in UK when my daughter was born. My wife was granted visa for 2 years.
2) I got ILR on 8th Nov 2014, after my daughter was born (she din't became british citizen automatically but was elligible to register as british citizen).
3) We got Indian passport for our daughter. No visa on her passport as yet.
4) My wife's dependent visa was valid till 21 April 2015. (we thought we will not come back)
We all left UK on 4th April 2015. I returned to UK and joined work.

Now my wife and daughter need visa to join me.

Which visa should they apply for and whats the fees (its quite confusing on the UK visa website)

To me it looks like my wife need to apply for Tier 2 dependent (but for how long? there are two options - for 2 years or for 3 yrs or more, with a lot of difference in fees).
And for my daughter, it looks like she (We as she's only 7 months old) can apply for ILR.

Please advice.
Thanks

[sv345]

I should add that my wife and daughter already have a UK NHS number. Do they still need to pay for an IHS number?
Thanks

[Obie]

Well you wife will be able to apply for Visa as a Spouse of a Settled person.

Your wife will need to pay the NHS Surcharge, but you child will not need to pay the NHS Surcharge, as he/she will qualify for ILE, and will therefore not be required to pay for the Surcharge.

[secret.simon]

Obie

If the wife were to apply as the spouse of a settled person, would that reset the clock for the wife's ILR to five more years?

Also, would the child not get the same status as the mother?

[vinny]

Yes. Unfortunately, wife cannot apply for entry clearance as a PBS dependant.

As child was born in the UK, child may be granted ILE, in line with father, under A280(b), 304-309 and the NHS surcharge should not apply.

Alternatively, child is also entitled to register.

[sv345]

Thanks Obie and vinny,
Could I please get more clarification on this.

1) After I was granted ILR, I was informed by people at agency that 'your wife would need to apply to extend her visa as if she's applying for a tier 2 dependent visa', and not as dependent of settled person.

2), Does my child and wife have to apply separately? as the condition for both will differ. Looks like the waiting time for Tier 2 dependent visa is 15 days while for ILE is 60 days (in New Delhi). Would it affect my wife's visa status as these days there's a new rule which says, one has to travel within one month since the stamp of visa on passport? In this case, it might be worthwhile for first apply for child's ILE and after a month for wife's Tier 2 Dependent visa (advise please).

3) if my child doesnot has to pay IHS surcharge, then she would have to apply separtly as if applied together,IHE calculator calculates 60,000INR for child as well.

Thanks

[secret.simon]

1) After I was granted ILR, I was informed by people at agency that 'your wife would need to apply to extend her visa as if she's applying for a tier 2 dependent visa', and not as dependent of settled person.

You could have extended your wife's visa before expiry. Now that it has expired, it will be a fresh entry clearance application. As you are no longer a PBS holder but an ILR holder, the application would be as that of a family member of a settled person. So, the clock will reset and your wife will need to spend five more years in the UK before getting ILR.

[vinny]

1) It's true that she could have extended her Tier 2 (dependant) leave before its expiry, if she was in the UK.

2) They may apply together. As stated earlier, I don't think that she may apply as a Tier 2 (dependant) entry clearance. Instead of granting your child ILE, they may also grant leave in line with your wife's. Multiple immigration rules appear to be applicable for a UK-born child.

3). It may be better to register child as a British citizen and apply for a British passport instead.

[secret.simon]

3). It may be better to register child as a British citizen and apply for a British passport instead.

If you plan to go down this route, be aware that registration and getting the child's British passport can take about six months or more. Also, your child will lose their current Indian citizenship.

I would say that your best bet is to get your child to the UK with ILE and then get them registered as a citizen in the UK, if you wish your child to be a British citizen.

[sv345]

Thanks Simon and vinny for clarity on the issue.

I spoke to the UKBA today, and they were quite confused about the option (I think the person was giving me the only option that came up in their search on their own website).
Its clear that -
a) I do not want to register my child as british citizen as yet.
b) I made a mistake (a big one- I thought I'd find a job in India, but couldn't) in terms of not applying for extension of my wife's visa, so have to shell out more ££££ for IHE and can't apply for Tier 2 dependent extension.

with this background, if I understood and summarise all the above said correctly, it'd be:

1) Go with the Settlement visa for both my wife and child (I don't mind how long it takes for settlement visa as I'm not planning to stay in UK for long anyways).
2) For child- applying for ILE might take longer (timeline says atleast 3 months from new delhi) whereas to join family for 3 year might be less (3-4 weeks) - same as my wife's.
Let me know if I'm correct in these two statements.

Now on reading about requirements to join family, I'm confused about financial requirement. My current job is a new one and the (‘Annex FM 1.7: financial requirement’ ) says if your job is less than six months (I started my current job 3 weeks ago), only gross income till the date of applying would be counted towards financial requirement (£22,500 in case of 1 dependant +1 child). Would my previous job's document (say p45) could be produced as evidence for my income along with a letter for confirmation of employment from my current employer indicating my salary be counted towards financial requirement?

(They say in this document that the UKBA should refuse the application if financial requirements not met)

The other way is to call both of them on 'standard visitor visa' (I dont think I'll stay inthis country more than 1 year), but in this case they wont be able to use NHS service (I think). What would be the cost of medical service in this country and if they take a medical insurance before coming, would NHS recognise it?

Thanks

[secret.simon]

...I'm not planning to stay in UK for long anyways

if you are not planning to stay in the UK for long, you are best off calling them over as a family of a settled person anyway. I am sure you are aware that ILR lapses if you are out of the country for two years. So, there is no point in getting ILR for your child or wife if they are not here for the long haul.

Visitor visa is not an option, unless you can show that they have strong links back to India and will return within six months. That will be hard to do if the UKV&I become aware that you are on ILR.

Also, remember that they can not apply for a change to their visa while they are in the UK on a visitor visa. So, they can not come to the UK as a visitor and then apply for as the family of a settled person. They will have to do that from India.

[sv345]

Thanks Simon, I think you are right. The best option in this case would be to call them over as a family of a settled person.

Would you be able to clarify a bit on how much it would cost? (To me it looks like £965 (visa fee for wife) + £965 (visa fee for wife) +IHS for each. Now I'm not sure how much IHS surcharge would be. Calculator gives me either £1900 each or £ 600 each.

Also The situation with financial requirement (‘Annex FM 1.7: financial requirement’ )- Do I really need to show £22,500 in my account? thats impossible for me. I have started my job 3 weeks ago.

Cheers

[vinny]

Also The situation with financial requirement (‘Annex FM 1.7: financial requirement’ )- Do I really need to show £22,500 in my account? thats impossible for me. I have started my job 3 weeks ago.

They probably expect it, if child is not settled nor British.

[Obie]

If a child is entitled to ILE under 306, then he may well have an arguable case that the income threshold should not be applied, and giving the fact that the sole responsibility test is not applicable to 305, it may be sensible for the child's application to be lodged first and then the mother's.

[sv345]

Hi,
Thanks for the valuable comments.

Would it be sensible to apply for child first and then mother? Would questions be not raised on how 7 months old child will travel on herself?

Also, if we apply for mother and child on the same day (I'm not sure if its possible to do it in same appointment), would it make sense to separately apply but name each other on respective applications?

And I am not sure about the £22,500 savings as yet. Would my previous payslips (obtained in UK till March 2015), thro' my previous employment be not valid?

Best,

[vinny]

Obie is correct. If child is granted ILE or British citizenship, then there is no extra financial burden for child with respect to mother's application.

[sv345]

Hi

I am confused about the amount I'd ned to pay for IHE surcharge. To calculte the amount of surcharge that I need to pay for my wife and child, Given my above background (I have ILR, on the basis of Tier 2), On the website
https://www.immigration-health-surcharg ... ecker/Type

what should I provide as 'what is their visa route' and 'What is their visa type' ?

Its just that if I provide settlement visa (visa route) and husband (visa type), I get surcharge as £1900. That can't be right?

[sv345]

Another question is when My wife and child apply for family of settled person from Delhi (India), How long their visa be granted for?

Thanks

[sv345]

The rule (if I read correct) says:

A person seeking leave to enter the United Kingdom as the spouse or civil partner of a
person present and settled in the United Kingdom or who is on the same occasion being
admitted for settlement may:
(a) in the case of a person who meets the requirements of paragraph 281(i)(a)(i) and one
of the requirements of paragraph 281(i)(a)(ii) - (vi) be admitted for an initial period not
exceeding 27 months,

[vinny]

That's incorrect (A277). D-ECP applies.

[sv345]

Hi Vinny,
Thanks, thats correct (my mistake in reading). The visa would be provided for 33 months.
In this case, my question again remains about-
How much IHS my partner and child have to pay.
-----------
I am confused about the amount I'd ned to pay for IHE surcharge. To calculte the amount of surcharge that I need to pay for my wife and child, Given my above background (I have ILR, on the basis of Tier 2), On the website
https://www.immigration-health-surcharg ... ecker/Type

what should I provide as 'what is their visa route' and 'What is their visa type' ?

Its just that if I provide settlement visa (visa route) and husband (visa type), I get surcharge as £1900. That can't be right?
------------

Thank you for advise

[vinny]

For your wife, her visa route is 'settlement' and visa type is 'wife'. She needs to pay £600.

If child selects dependant with mother, then child pays same amount.

[Obie]

So it is £600.

I had thought it was £500. Perhaps i may be confusing with the In country application

[sv345]

Hi Obie and vinny,

Many thanks.

May be I'm doing something different, but for me its coming to be £1900. Is it because my visa expiration date is in Nov 2024 ? I just tried calculating it again and its £1900 .

Please see my answers below (in bracket) to all the questions I'm filling out.
Are you currently in the UK? (No)
Are you under 18 and in local authority care? (No)
What is your nationality? (Indian)
What is your date of birth? (1978)
About the person you are joining in the UK
What is their visa route? (settlement)
What is their visa type? (wife)
What is their visa expiration date? (Nov 2024)

[sv345]

I forgot to add that although my visa is 'Indefinete leave to remain', its valid only until nov 2024 (10 years only)