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UK entry for child whose father holds ILR

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Linac Dude
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Egypt

UK entry for child whose father holds ILR

Post by Linac Dude » Mon Oct 23, 2023 1:27 pm

Hi everyone,


I am asking on behalf of a friend who is facing an unusual situation.


My friend came to the UK on a Tier 2 visa in 2018. His child was born in the UK in 2019 and he applied for a Tier 2 dependent visa for him. That child visa ran out in August 2022 and my friend did not renew it. In March 2023 my friend received ILR but he failed to apply for citizenship for his child (massive mistake!). Anyway the child and my friend’s wife (who is on Tier 2 dependent visa) has had to go back home overseas in August for a family matter. Now that child is stuck overseas as he doesn’t hold any UK entry permits.

When my friend looked at getting a family visa for the child to join him, he was shocked to find it costs more than £1800 and he is looking at other alternatives. I am aware that child could apply for MN1 from overseas and then apply for a British passport afterwards but that will take many months which they can’t do.

My question here is can they do any of the following two options:

1- Apply for a visit visa for the child to come to the UK and then apply for MN1 from inside the UK? Bearing in mind that the mother will not apply for the visit visa as she already has a valid SW dependent visa
Or
2- Apply for a Skilled Worker (SW) dependent visa for the child as it is significantly cheaper than family visa? Bearing in mind that the father is no longer on a SW visa but the child has been a dependent on one until last year.



I hope this is not too confusing but my friend is keen to avoid paying £1800+ for family visa. He is already aware that he should have applied for MN1 for the child as soon as her got ILR, but there is not much that he can about it now.

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zimba
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Re: UK entry for child whose father holds ILR

Post by zimba » Mon Oct 23, 2023 1:54 pm

The child can be issued a visa in line with the mother, so the SW dependant visa
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

AmazonianX
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Posts: 8127
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United Kingdom

Re: UK entry for child whose father holds ILR

Post by AmazonianX » Mon Oct 23, 2023 3:43 pm

Linac Dude wrote:
Mon Oct 23, 2023 1:27 pm
Hi everyone,


I am asking on behalf of a friend who is facing an unusual situation.


My friend came to the UK on a Tier 2 visa in 2018. His child was born in the UK in 2019 and he applied for a Tier 2 dependent visa for him. That child visa ran out in August 2022 and my friend did not renew it. In March 2023 my friend received ILR but he failed to apply for citizenship for his child (massive mistake!). Anyway the child and my friend’s wife (who is on Tier 2 dependent visa) has had to go back home overseas in August for a family matter. Now that child is stuck overseas as he doesn’t hold any UK entry permits.

When my friend looked at getting a family visa for the child to join him, he was shocked to find it costs more than £1800 and he is looking at other alternatives. I am aware that child could apply for MN1 from overseas and then apply for a British passport afterwards but that will take many months which they can’t do.

My question here is can they do any of the following two options:

1- Apply for a visit visa for the child to come to the UK and then apply for MN1 from inside the UK? Bearing in mind that the mother will not apply for the visit visa as she already has a valid SW dependent visa
Or
2- Apply for a Skilled Worker (SW) dependent visa for the child as it is significantly cheaper than family visa? Bearing in mind that the father is no longer on a SW visa but the child has been a dependent on one until last year.



I hope this is not too confusing but my friend is keen to avoid paying £1800+ for family visa. He is already aware that he should have applied for MN1 for the child as soon as her got ILR, but there is not much that he can about it now.
Family visa in line with wife, still good to pay heavy for the costly oversight.

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Re: UK entry for child whose father holds ILR

Post by vinny » Mon Oct 23, 2023 5:34 pm

If mother has valid SW dependant leave, then I agree with zimba.

Although there are also UK-born child rules, caseworkers seem to ignore them.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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zimba
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Re: UK entry for child whose father holds ILR

Post by zimba » Mon Oct 23, 2023 6:05 pm

@AmazonianX Wife is not under family route :!:
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

vinny
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Re: UK entry for child whose father holds ILR

Post by vinny » Mon Oct 23, 2023 6:25 pm

In the past, some had succeeded with visitor visas or used desperate means.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Linac Dude
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Posts: 17
Joined: Sun Aug 21, 2022 8:52 am
Egypt

Re: UK entry for child whose father holds ILR

Post by Linac Dude » Mon Oct 23, 2023 10:18 pm

Thank you all very much. I'll keep you updated with what happens with my friend.

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