New born baby...old HSMP rules or new Tier 1 rules?

hsmpasp · Post by **hsmpasp** » Fri Oct 31, 2008 10:48 am

Hi All,

I am on HSMP visa valid until end of 2009. I have a new born baby, born here in uk couple of weeks ago. I would like to apply for dependant visa for her. But I am completely lost as to which rules I have to follow, whether old HSMP rules or new Tier 1. I have read somewhere that I have to follow new rules. I would be grateful if someone here could clarify me on this.

Also, what documents do I need to submit along with the application. Do I need to show any maintenance funds etc?

This is quiet urgent as we are planning to visit India soon. Quick reply would be much appreciated.

Rgds,
hsmasp.

Post by **vinny** » Fri Oct 31, 2008 10:53 am

See also need for a dependent visa?

hsmpasp · Post by **hsmpasp** » Fri Oct 31, 2008 11:07 am

vinny wrote:See also need for a dependent visa?

Hi Vinny,

I did check this post before posting. however, it didn't mention anything as to whether it has to be as per old HSMP rules or new tier 1 rules. I would be grateful if you could clarify me on this.

Rgds,
hsmasp

Post by **vinny** » Fri Oct 31, 2008 12:59 pm

If applying separately from you, fill in the form FLR(O) (304-309) on your baby's behalf.

simar · Post by **simar** » Fri Oct 31, 2008 1:54 pm

hsmpasp wrote:Hi All,

I am on HSMP visa valid until end of 2009. I have a new born baby, born here in uk couple of weeks ago. I would like to apply for dependant visa for her. But I am completely lost as to which rules I have to follow, whether old HSMP rules or new Tier 1. I have read somewhere that I have to follow new rules. I would be grateful if someone here could clarify me on this.

Also, what documents do I need to submit along with the application. Do I need to show any maintenance funds etc?

This is quiet urgent as we are planning to visit India soon. Quick reply would be much appreciated.

Rgds,
hsmasp.

totally irrelavent query. U don't have to think about hsmp or tier 1 till end of next year. ie when u will go for extention. For your baby FLR(o) is suffcent. All u need to submit is your passport. They will give visa upto the date ur visa is valid. The form is quite confusing since most if the section in that form will be NA

hsmpasp · Post by **hsmpasp** » Fri Oct 31, 2008 5:17 pm

Hi Simar,

Do you mean that only my passport is enough? No other documents like my payslips, bank statements are needed?

Rgds,
hsmpasp.

helloimran · Post by **helloimran** » Sat Nov 01, 2008 1:41 pm

Hi i am on same boat as you.i called to Home Office yesterday and they said me i need to fill Tier 1 General Dependent form for my baby visa.

I am on Tier 1 General visa vaild untill Oct 2011.
I am confused about right form ang documentation.....

Post by **vinny** » Sat Nov 01, 2008 1:59 pm

Specified application forms and procedures should be used. However,

Section 1 - Adverse decisions - general guidance wrote:8. MORE THAN ONE RULE APPLICABLE

It is often the case that more than one Rule is applicable to a case. This may be because there are both qualifying requirements and general considerations which are relevant.

In this case, 304-309 (Section 4a - Children born in the United Kingdom who are not British Citizens and Annex P - General guidance) are also applicable.

hsmpasp · Post by **hsmpasp** » Sun Nov 02, 2008 10:38 am

Hi Imran,

I too called the home office and they adviced me that the aplication should as per HSMP rules though application form to be used should be FLR(O). No need of any maintenance funds. They said only bank statements and payslips would do. I am gong to stick to this information and leave else to god.

Rgds,
hsmpasp.

chandu2004 · Post by **chandu2004** » Sun Nov 02, 2008 8:46 pm

Hi Guys,

I am in the same boat but I dont even have pay slips as I work through a limited company.

Is it ok If we just send FLR(O) form and my passport?

Is there any fees for the dependent visa for the baby

Regards

Chandra

Post by **vinny** » Mon Nov 03, 2008 11:35 pm

John wrote:The basic advice remains ... complete the form as if the baby was personally holding the pen and writing, with the exception of you signing the form in your normal signature, and you needing to make payment for the application.

hsmpasp · Post by **hsmpasp** » Sat Nov 15, 2008 12:05 pm

Hi All,

I had to leave for India on an urgent family issue with out getting visa for my new born baby. Now, I am planning to get her visa done in India. Is there any one around who had to do the same? If so, any inputs on the care to be taken would be much appreciated.

By the way, do I need to send any letter either to my dependant(as we do for a visit visa) or to brithsh high commision in India. If so, could any one please give me a template to follow?

Awaiting your reply....

Regards,
hsmpasp.

chandu2004 · Post by **chandu2004** » Sat Nov 15, 2008 7:19 pm

Guys,

Do I need to satisfy maintenance funds and shall I need to send Bank statements and Payslips.

Please let me know as I am planning to apply next week if Maintenance funds is not an issue

Thanks

Chandra

hsmpasp · Post by **hsmpasp** » Wed Dec 17, 2008 10:36 am

Hi All,

I had applied for my daughter's visa in India and unfortunately it got rejected

Entry clearance officer considered my old HSMP visa as Tier1 and followed the new rules. Reason for refusal was given as "Insufficient funds".

Could someone please let me know what should I do now? Why hasn't he considered my old HSMP visa but considered it as Tier1? Do I need to appeal or make a new application?

I am completely lost and do not know what to do. Please help me!!!

Rgds,
hsmpasp.

Post by **vinny** » Wed Dec 17, 2008 10:48 am

Appeal and/or ask them to reconsider as:

SET7.14 What is the position of Children born in the UK on or after 1 January 1989 but who are not British Citizens wrote:Maintenance and accommodation requirements do not apply to a person who qualifies under these provisions.

hsmpasp · Post by **hsmpasp** » Wed Dec 17, 2008 11:19 am

vinny wrote:Appeal and/or ask them to reconsider as:
SET7.14 What is the position of Children born in the UK on or after 1 January 1989 but who are not British Citizens? wrote:Maintenance and accommodation requirements do not apply to a person who qualifies under these provisions.

As appeal takes time, would it be better to reapply? Why didn't they consider me under old rules? Any idea?

Post by **vinny** » Wed Dec 17, 2008 11:44 am

APL1.7 ECM review wrote:On receipt of the grounds of appeal, the ECM must immediately review the refusal, taking into account the grounds of appeal and any additional supporting documentation.

APL1.20 Applicant makes fresh application while an appeal is outstanding wrote:A person who has an appeal pending can make a fresh application for entry clearance in the same or any other category. There is no requirement for a person to withdraw an application. If an appellant is subsequently issued an entry clearance, Post must inform the AIT at: eco.contact@dca.gsi.gov.uk because only the AIT can stop the appeal. The applicant needs to sign a withdrawal of appeal form.

See also here.

hsmpasp · Post by **hsmpasp** » Wed Dec 17, 2008 12:05 pm

vinny wrote:
APL1.7 ECM review wrote:On receipt of the grounds of appeal, the ECM must immediately review the refusal, taking into account the grounds of appeal and any additional supporting documentation.

APL1.20 Applicant makes fresh application while an appeal is outstanding wrote:A person who has an appeal pending can make a fresh application for entry clearance in the same or any other category. There is no requirement for a person to withdraw an application. If an appellant is subsequently issued an entry clearance, Post must inform the AIT at: eco.contact@dca.gsi.gov.uk because only the AIT can stop the appeal. The applicant needs to sign a withdrawal of appeal form.
See also here.

Vinny,

Thanks a lot for the clarification. I would be grateful if you could let me know if I have to include any documents along with the appeal. Any help on the format for the covering letter and what to include, is much appreciated.

Post by **vinny** » Wed Dec 17, 2008 12:42 pm

Include evidence of your child's birth in the UK and your current leave to enter/remain, etc. Request that the application be considered under paragraphs 304-309 of the Immigration Rules.

hsmpasp · Post by **hsmpasp** » Tue Dec 30, 2008 5:40 pm

Hi All,

I have received my daughter's passport back with visa stamped so just wanted to update you all.

I had sent an email to chennai high commission explaining them that they have considered my HSMP as new Tier1 which is not correct. I had received a reply asking me to submit the documents again..no need of new application form or fee. I had done that and got the visa.

Thanks everyone for all your help.

Best Regards,
hsmpasp.

Post by **vinny** » Tue Dec 30, 2008 11:03 pm

Congratulations

steetley10 · Post by **steetley10** » Tue May 19, 2009 10:48 pm

Hi,
I am in a similar situation where i want to process HSMP dependent visa (my son born in UK few months back) for him. We are planning to go for a vacation next month to India. My HSMP visa (old format) is due for renewal during Jan 2010 as well.

I understand from reading this forum that the form that i need to use is FLR(O).
I had taken a print out of the same and while going through it, i got really confused. Some queries that i require your help,

1. Do i need to fill my details in the Section 1 (applicant) or is that baby's details.
2. What would be the fee? Is that 465 or 465 + 50. I don't want to take a chance as they've mentioned in the guidance note that if the right fee is not provided, the application form will get rejected.
3. Has anyone processed the HSMP extension 6-7 months in advance to its expiry. If i could process the HSMP extension now, i could include my baby to the dependant list and provide documentation for the same. 2 advantages for me, a. Save time and money; b. I can avoid 1 cycle of this processing. (dont need to process FLR(O) now)

Kindly help me with your experience and knowledge in this area.

Thanks in advance..

Mrs Khan · Post by **Mrs Khan** » Tue Aug 04, 2009 5:47 pm

Im in same situation as you are, would be able to update us on your application status.

I want to apply for a dependent visa for my daughter who is three months old now & born in UK but not sure which form to use as called Home office & they advised me to fill Point Based Dependent Visa & i need to fulfill the funds requirement despite my explanation that I am covered under judicial review.

Would you please share your experience!

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New born baby...old HSMP rules or new Tier 1 rules?

New born baby...old HSMP rules or new Tier 1 rules?

Re: New born baby...old HSMP rules or new Tier 1 rules?

Applying HSMP dependent visa for my son born in UK