Visa application from outside UK for a child born in UK

[sumitt]

Hi,

I am on Tier1 general migrant status with definite leave to remain (PR pending in 20016). My younger daughter was born in Uk (in Glasgow). We applied for her Indian passport and citizenship. Just received her passpost and citizenship 2-3 weeks back.
Since we did not have any immediate plans to travel did not apply for her PBS dependent VISA.

However, My wife had to travel today to India for a family emergency. So my daughter had to leave without VISA stamped. I read on this Forum that it is possible to aaply VISA in india in this case. But I am not sure which forms to use and whats the process like.

Is it generally difficult to get VISA in india in this case?
Do I need to provide different sponsiorship letter ( please share if there is a format)
Also what documentary evidence have to provided?
Which VISA fee shall be applicable?
Do I need to provide evidence of the exigency that hit the family to support the application?

Please reply, it is urgent as I want my family back as soon as possible..

Thanks in advance.
Regards
Sumit

[CR001]

I am guessing from your slightly confusing post (tier 1 and saying PR) that you mean your tier 1 expires in 2016. If this is the case, you can apply for a tier 1 dependent visa in line with your and your wife's visa.

[vinny]

See also 304-309. Unfortunately, they discourage UK-born children from taking advantage of this category by not providing a route of applying for it.

[sumitt]

Thanks guys for reply.

@CR0001- Sorry if this confusing to you. I meant I am on definite leave to remain currently (with visa valid Till 2017) however I can apply for ILR In 2016 (completing my 5 years). Perhaps latter part is not related to the case. current status is leave to remain till 2017. can you please help now?

@Vinny, Can you please help elaborating on what route. if I understand a UK born child to Immigrant can apply for PBS dependent VISA. Only thing is I am seeking clarification on how to do that from India (outside UK) rather than within UK. Are there restriction on this?
304:
"Such a child requires leave to enter where admission to the United Kingdom is sought, and leave to remain where permission is sought for the child to be allowed to stay in the United Kingdom. If he qualifies for entry clearance, leave to enter or leave to remain under any other part of these Rules, a child who was born in the United Kingdom but is not a British Citizen may be granted entry clearance, leave to enter or leave to remain in accordance with the provisions of that other part."
Can you please help. I think it clearly says that they can apply for leave to enter.

[vinny]

The paragraph you quoted means that child may apply for entry clearance as a PBS dependant, with the same conditions as any other family member under 319H, without any advantages that child was born in the UK, under 304-309.

Advantages being

Maintenance and accommodation requirements do not apply to a person who qualifies under these provisions.

The visa endorsement must be in line with that of the parent(s) in the UK so the ECO will need to see evidence of this. If the parents have different leave durations, it will be for the longer period.

[sumitt]

Hi Vinny,

Thanks for lot of information. I don't intend to seek any advantage. All I need is that the visa is granted to my daughter. As one visa agent told me this could be tricky and there are chances of rejection. I am sacred now.

Do you /or any body on the forum has a document list for this type of application. As of now I am just assuming the documents are same as normal dependent application.

Also is there a different covering letter or sponsorship letter format in which I can explain circumstance to visa officer.

Regards,
Sumit

[vinny]

Why does the visa agent think that it will be tricky, with chances of rejection?

As CR001 stated, child may apply as a PBS child dependant in the normal way.

Note that a normal PBS child dependant's requirements under 319H is more difficult than the requirements for a UK born child under 305.

If the UKVI were correctly following the rules, then a UK born child's application may also be under 305, which is simpler to satisfy.

[sumitt]

@ Vinny, Thanks for clarification. I am not sure why the agent told this way, In principle it must not be different from normal (India born) dependent visa.

Few more questions if you (or anybody can help),
1) Do I need to prove circumstance (Family emergency) that why she had to travel to India without a valid Visa in my cover letter or UKVI wont care about that assuming that people must be travelling to India without a valid reason also?

2) I am intending to provide following documents. Can you please see if they are ok in this circumstance.

i) Sponsorship letter.
ii) Employment letter, 3 month salary slip with Bank statement to prove I am working in UK.
iii) Saving account statement for last 3 months to show fund maintenance
iv) Tenancy agreement+ council tax bill for address proof
v) Copy of NHS letter on the name of my daughter to prove she is registered on the same address.
vi) Daughter birth certificate and Indian citizenship certificate and passport
vii) Copy of my passport , BRP (MAIN Applicant not applying)
vii) Copy of my wife's passport and BRP ( Dependent not applying) to prove both of us have valid residency status
viii) marriage certificate.

3) In the application , it is asked the country of permanent residence? for my daughter what would it be UK or INDIA. I cannot say UK as she is not permanent resident here and I cannot say India she has never stayed in India (for last 8 months) ?

4) In Travel information section of application: to answer the question have she travel to UK , what should I answer?

Is there a guidance to fill this question for a UK Born child? or is there UKBA enquiry number to clarify these doubts?
Thanks for your help and support.
Sumit

[vinny]

See also Tier 1 General Dependent Child Applying from outside UK.

[sumitt]

@vinny
Thanks for the link.