Main applicant ILR, spouse Tier 2 depe Child born in India

[kiran3313]

hi all,

Hope this post comes into rescue for people in the same situation.

background-
I was on tier 2 general, my wife has tier 2 dependant visa valid until April 2016.
We went to India for her delivery and baby was born. Post which I came bak to uk and had my ILR processed.
now the confusion - what visa category do I need to apply in for my child??
A lot of research carried out.. Couple of visa agents in India charged 25k and told me that I need to apply in Child of Settled person visa. For some reason I was not convinced so went on to apply visa in Tier 2 dependant category which was eventually granted for my child, with validity same as my wife's. Because the childs mother holds a valid tier 2 dependant visa even though main applicant holds ILR, child will be granted visa on the basis of mothers visa validity.

Documentation is the usual tier 2 dependant related, I maintained just £630 for 90 days which was absolutely fine as I was applying for just 1 dependant. No need to show funds for myself and my wife as we are holding a valid visa already,

Happy to answer any questions u may have
Hope this helps.

[vinny]

It's permitted within the rules.

[Harichanda]

hi all,

Hope this post comes into rescue for people in the same situation.

background-
I was on tier 2 general, my wife has tier 2 dependant visa valid until April 2016.
We went to India for her delivery and baby was born. Post which I came bak to uk and had my ILR processed.
now the confusion - what visa category do I need to apply in for my child??
A lot of research carried out.. Couple of visa agents in India charged 25k and told me that I need to apply in Child of Settled person visa. For some reason I was not convinced so went on to apply visa in Tier 2 dependant category which was eventually granted for my child, with validity same as my wife's. Because the childs mother holds a valid tier 2 dependant visa even though main applicant holds ILR, child will be granted visa on the basis of mothers visa validity.

Documentation is the usual tier 2 dependant related, I maintained just £630 for 90 days which was absolutely fine as I was applying for just 1 dependant. No need to show funds for myself and my wife as we are holding a valid visa already,

Happy to answer any questions u may have
Hope this helps.

Hi Kiran,

I am also in the same situation like you. We have a baby girl born in India recently and I am planning to apply for visa for her.
I am on ILR visa ( Got in Mar 2013) and my wife is on PBS dependent visa ( Expires in Mar 2016). Please note that she arrived to UK in April 2012.Can you please let me know if your wife is not eligible for ILR. The reason why I am asking is that in the PBS dependent guidance form it's mentioned as below :

2. You can apply as a PBS Dependant if you meet the criteria set out in this guidance and the
Immigration Rules, and you are:
•the family member of a person with, or applying for, leave under Tier 1, 2, 4 or 5 of the Points
Based System; or
•the spouse or partner of a person with indefinite leave to remain or British Citizenship who last
held leave in Tier 1, 2, or 5 of the Points Based System and you do not yet qualify for indefinite
leave to remain; or
•the child of a person with indefinite leave to remain or British Citizenship who last held leave in
Tier 1, 2, or 5 of the Points Based System and:
○ your other parent does not yet qualify for indefinite leave to remain; and
○ you last held leave as PBS Dependant granted on or after 9 July 2012.

Here in my case is that my wife is qualified for ILR but not yet applied as she got her visa till the end of Mar 2016.

Please share your thoughts.

Thanks,
Hari

[kiran3313]

hi all,

Hope this post comes into rescue for people in the same situation.

background-
I was on tier 2 general, my wife has tier 2 dependant visa valid until April 2016.
We went to India for her delivery and baby was born. Post which I came bak to uk and had my ILR processed.
now the confusion - what visa category do I need to apply in for my child??
A lot of research carried out.. Couple of visa agents in India charged 25k and told me that I need to apply in Child of Settled person visa. For some reason I was not convinced so went on to apply visa in Tier 2 dependant category which was eventually granted for my child, with validity same as my wife's. Because the childs mother holds a valid tier 2 dependant visa even though main applicant holds ILR, child will be granted visa on the basis of mothers visa validity.

Documentation is the usual tier 2 dependant related, I maintained just £630 for 90 days which was absolutely fine as I was applying for just 1 dependant. No need to show funds for myself and my wife as we are holding a valid visa already,

Happy to answer any questions u may have
Hope this helps.

Hi Kiran,

I am also in the same situation like you. We have a baby girl born in India recently and I am planning to apply for visa for her.
I am on ILR visa ( Got in Mar 2013) and my wife is on PBS dependent visa ( Expires in Mar 2016). Please note that she arrived to UK in April 2012.Can you please let me know if your wife is not eligible for ILR. The reason why I am asking is that in the PBS dependent guidance form it's mentioned as below :

2. You can apply as a PBS Dependant if you meet the criteria set out in this guidance and the
Immigration Rules, and you are:
•the family member of a person with, or applying for, leave under Tier 1, 2, 4 or 5 of the Points
Based System; or
•the spouse or partner of a person with indefinite leave to remain or British Citizenship who last
held leave in Tier 1, 2, or 5 of the Points Based System and you do not yet qualify for indefinite
leave to remain; or
•the child of a person with indefinite leave to remain or British Citizenship who last held leave in
Tier 1, 2, or 5 of the Points Based System and:
○ your other parent does not yet qualify for indefinite leave to remain; and
○ you last held leave as PBS Dependant granted on or after 9 July 2012.

Here in my case is that my wife is qualified for ILR but not yet applied as she got her visa till the end of Mar 2016.

Please share your thoughts.

Thanks,
Hari

your wife can apply for ILR as she had her visa prior to July 2012 and then ur child is eligible for british citizenship straight away, hope this helps

[santosh_nt1]

Hi Kiran,

I am in the same situation; I am on ILR and My wife on T1 Dependent. Baby born in India. Could you help me with the documents required please. And type of form needed to fill online.

Thanks in advance.

Regards
Santosh

hi all,

Hope this post comes into rescue for people in the same situation.

background-
I was on tier 2 general, my wife has tier 2 dependant visa valid until April 2016.
We went to India for her delivery and baby was born. Post which I came bak to uk and had my ILR processed.
now the confusion - what visa category do I need to apply in for my child??
A lot of research carried out.. Couple of visa agents in India charged 25k and told me that I need to apply in Child of Settled person visa. For some reason I was not convinced so went on to apply visa in Tier 2 dependant category which was eventually granted for my child, with validity same as my wife's. Because the childs mother holds a valid tier 2 dependant visa even though main applicant holds ILR, child will be granted visa on the basis of mothers visa validity.

Documentation is the usual tier 2 dependant related, I maintained just £630 for 90 days which was absolutely fine as I was applying for just 1 dependant. No need to show funds for myself and my wife as we are holding a valid visa already,

Happy to answer any questions u may have
Hope this helps.

[manmuku]

Hi All,

Need URGENT assistance on the below. Apologises if any of the previous threads answer this question, just want to make sure about my situation.

I was on TIER 2 GENERAL Visa until 10FEB 2016 and got my ILR now (5 years continuous live route) . My wife and elder son (born in UK and he is 4 years old) is in INDIA now and both are currently on TIER 2 DEPENDENT Visas (valid till March 2017).
They were in UK with me, my wife (from APR 2011 till OCT 2014) & my son (MAR 12 till OCT 2014). My younger son (2 years old) is also born in UK and he went to India with my wife and elder son just on Indian Passport i.e without Visa. All three are living in India currently since OCT 2014. They are now planning to come back to UK.

My Wife- TIER 2 DEPENDENT VISA (Valid Till MAR 2017)
My Elder Son- TIER 2 DEPENDENT VISA (Valid Till MAR 2017)
My Younger Son- No Visa

Now, my question is-
Can I apply TIER 2 DEPENDENT VISA for my younger son (who went to India from UK without visa-just on Indian Passport) as my wife still holds the valid TIER 2 Dependent Visa till March 2017? If yes, is it allowed as my situation here has changed since their departure from UK-from TIER 2 general to ILR?

OR

Can I apply the SETTLEMENT VISA for all three- my wife & both sons.

I would really appreciate if someone who can assist here OR someone who has faced same situation before can assist me.

Regards,
Mukesh

[vinny]

The initial post in this topic remains correct. If all three chooses to apply for settlement visas, then their qualifying period may for SET(M) may be reset. This may be a shame, since they may qualify for SET(O) if they return before their leave expires.

There are also alternative specific rules for UK born children. Unfortunately, ECOs appear to be insufficiently trained to consider them.

Don't forget the TB certificate.

[manmuku]

Many thanks Vinny for the quick response. I am going to apply for the settlement visa for my wife and my 2 sons.

1. I need some clarification regarding the correct Appendix (1 OR 2) for the child (under 18 years) to submit. while filling the online form for the dependent child of settled person, below message pops up which leads to the link (https://www.gov.uk/government/uploads/s ... 439/vaf4a1) of Appendix 1. but i read some threads here which says that UKBA Chennai suggested to fill Appendix 2 form?

OR Shall I submit both Appendix (1 & 2) for my both sons and let them choose the correct Appendix form?

"After you have completed the online form, you must complete the relevant appendix, which can be found at: https://www.gov.uk/government/uploads/s ... vaf4a1.pdf If you are applying for settlement as the parent, grandparent or other dependant relative of someone in the UK, your sponsor needs to complete and sign the Sponsorship Undertaking Form (SU07), which can be found at:
http://www.ukba.homeoffice.gov.uk/sitec ... p-form.pdf. By signing this form, your sponsor confirms that they will be responsible for your maintenance and accommodation in the UK. You should include this completed form when you make your settlement application."

--------------------------

As per the details in the guide, it seems that Appendix 1 looks correct as my wife (one of the parent) is having limited leave as a partner. Please assist here.

You should complete appendix 1 if you wish to come to the UK as:
• The child of settled parents or with one parent who has limited leave as a partner or parent granted under the Rules in force before
9 July 2012.
You should complete appendix 2 if you wish to come to the UK as:
• The spouse or civil partner of someone settled in the UK; or
• The child of a parent who is applying for entry clearance as a partner or the child who is applying to join their parent who is already in the UK and has been granted limited leave as partner granted under the Immigration Rules in force on 09 July 2012; or

2. Do I need to submit SU07 form as well for my wife and 2 sons?
As per above message on the online form, it says- "If you are applying for settlement as the parent, grandparent or other dependant relative of someone in the UK"?

Thanks for your help in advance.

Regards,
Mukesh

[vinny]

Are they not able to return before the PBS dependant leave expires?

Why would you want your dependants' qualifying period for ILR to be reset?

[manmuku]

Hi Vinny,

They are in India since OCT 2014 (approx. 1 year 5 months). Since they have spent more than 180 days outside UK, so their previous stay in UK (for my wife- 3 & half years) is not counted towards settlement and they need to start their 5 years continuous stay in UK from scratch. I know it's a shame but given the situation earlier we have to accept this and move on. That's the reason why I am going for the settlement visas for them.

I would really appreciate if you could assist me on the queries I asked in my previous thread regarding Appendix form confusion and SU07 form.

Thanks,
Mukesh

[CR001]

Hi Vinny,

They are in India since OCT 2014 (approx. 1 year 5 months). Since they have spent more than 180 days outside UK, so their previous stay in UK (for my wife- 3 & half years) is not counted towards settlement and they need to start their 5 years continuous stay in UK from scratch. I know it's a shame but given the situation earlier we have to accept this and move on. That's the reason why I am going for the settlement visas for them.

I would really appreciate if you could assist me on the queries I asked in my previous thread regarding Appendix form confusion and SU07 form.

Thanks,
Mukesh

There is no '180 absence limit' for dependents.

[vinny]

Agree with CR001.

[manmuku]

Thanks all for the response. But I am still going ahead with the settlement visa for my wife and my sons. If possible could you please guide me regarding the Appendix forms query( & SU07 form) i posted in my previous mail?

Many thanks for assisting me on this and replying to my queries. Much appreciated. You guys are providing great help.

[vinny]

It's a shame to choose to make unnecessary applications and consequently reset the qualifying period for ILR of your wife and overseas born child.

As the spouse of a settled person entry clearance application is beyond the scope of the transitional provisions, I believe that they will be subject to Appendix FM and appendix 2 is applicable.

My understanding is that the SU07 form is also not necessary.