Baby Visa application

venky55555 · Post by **venky55555** » Thu Jan 07, 2021 11:24 am

Hi Everyone,

I am on ILR for now.

My baby was born India. I have applied for my tier 2 dependent visa and bring her to UK.

I have applied her extension with my wife in last year March so the both of their visa expires in March 2023.

Can I apply for my naturalisation when I am going to apply for naturalisation.

Or when she is is eligible for it what are my options??

Thanks
Venkatesh

Post by **CULLINAN** » Thu Jan 07, 2021 11:30 am

Child born abroad will follow the same path as the less privileged parent (in immigration terms) follow to ILR. Child will apply for ILR first when your wife will apply.

After child has ILR, child may apply for AN when at least one parent is applying for AN (or is already British by then) and other parent has ILR.

venky55555 · Post by **venky55555** » Thu Jan 07, 2021 11:34 am

CULLINAN wrote: ↑
Thu Jan 07, 2021 11:30 am
Child born abroad will follow the same path as the less privileged parent (in immigration terms) follow to ILR. Child will apply when your wife will apply.

Thanks cullinan for your apply.
My wife is eligible for ILR next year may 2022. But at that time my baby not completed 5 years in is she still can apply for ILr??

One more question was my wife got her first visa on March 20 2017 after that she spent more than 180 days in India for paternity leave. Is her absence count towards for ILR. Or do I need to worry about it??

Post by **CULLINAN** » Thu Jan 07, 2021 11:36 am

Your child does not have any residence requirements for ILR. Can apply when your wife does.

Your wife does not have any absence limits for any visa that was granted before 11th Jan 2018. Absence limits only for any leave that was granted after 11th Jan 2018 i.e. after March 2020 in this case.

venky55555 · Post by **venky55555** » Thu Jan 07, 2021 11:37 am

venky55555 wrote: ↑
Thu Jan 07, 2021 11:34 am

CULLINAN wrote: ↑
Thu Jan 07, 2021 11:30 am
Child born abroad will follow the same path as the less privileged parent (in immigration terms) follow to ILR. Child will apply when your wife will apply.
Thanks cullinan for your apply.
My wife is eligible for ILR next year may 2022. But at that time my baby not completed 5 years in uk is she still can apply for ILr??

One more question was my wife got her first visa on March 20 2017 after that she spent more than 180 days in India for paternity leave. Is her absence count towards for ILR, do o I need to worry about it??

Post by **CULLINAN** » Thu Jan 07, 2021 11:39 am

She only has absence limits after March 2020 in this case. She should not break the 180 days absence on rolling basis since March 2020.

I am assuming she was on a PBS dependent visa also.

venky55555 · Post by **venky55555** » Thu Jan 07, 2021 11:40 am

Thanks for your replay.

So what you are suggesting is my wife absence in India won’t count towards for ILR. She can apply for ILR in 2022 and at the same time she can apply for ILR.

In few months time I will apply for Naturalisation. After my gets ILR is she has to wait for one year to apply for British citizenship. Or she can directly apply for it??

Post by **CULLINAN** » Thu Jan 07, 2021 11:43 am

You wife can apply for ILR when she completes 5 years minus 28 days from first visa issue date. Absence limits as stated above only.

If by then you are British (i.e. when you attend the ceremony), she can apply for AN right after she has ILR OR can apply right after once you become British. Otherwise, she will have to wait 1 year on ILR if you are not British.

Baby can apply ILR when your wife does.

venky55555 · Post by **venky55555** » Thu Jan 07, 2021 11:43 am

CULLINAN wrote: ↑
Thu Jan 07, 2021 11:39 am
She only has absence limits after March 2020 in this case. She should not break the 180 days absence on rolling basis since March 2020.

I am assuming she was on a PBS dependent visa also.

Yes she is on tier 2 pbs dependent visa

venky55555 · Post by **venky55555** » Thu Jan 07, 2021 11:45 am

CULLINAN wrote: ↑
Thu Jan 07, 2021 11:43 am
You wife can apply for ILR when she completes 5 years minus 28 days from first visa issue date. Absence limits as stated above only.

If by then you are British (i.e. when you attend the ceremony), she can apply for AN right after she has ILR OR can apply right after once you become British. Otherwise, she will have to wait 1 year on ILR if you are not British.

Baby can apply ILR when your wife does.

Sorry I could not understand what you are telling

I will
Soon apply for citizenship soon.

Please tell me the options for my bay not for wife.
Wife has to wait one year after getting the ILR. Am I right??

Post by **CULLINAN** » Thu Jan 07, 2021 11:47 am

I suggest you read my posts properly and digest them first before replying. Please read the thread from the start again.

venky55555 · Post by **venky55555** » Thu Jan 07, 2021 11:48 am

CULLINAN wrote: ↑
Thu Jan 07, 2021 11:47 am
I suggest you read my posts properly and digest them first before replying. Please read the thread from the start again.

Apologies from my side for not understanding your answers. I was confused now

Post by **CULLINAN** » Thu Jan 07, 2021 11:51 am

Your baby will apply for ILR when your wife does. Baby and wife needs ILR first.

Your baby can be registered as British when your are applying for British Citizenship (or are one by then) AND wife has ILR.

Your wife can apply for British Citizenship AFTER she has ILR. If you are British by then she can apply straight away after ILR. Otherwise she will have to wait 1 year if you are not British. She can also apply for AN whenever you become British (not necessarily waiting 1 year).

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