Tier 1 (General) PBS dependent Visa Child - Applying in Chennai VFS centre

Hi,

We are currently in the process of applying for a visa for our son and are unsure about the correct option to choose for him - Tier 1 (General) PBS dependent Visa or Settlement Visa ?

Our Background -

My Husband came to UK on a Tier 1 (General) PBS visa in 2010. Then got his ILR in 2015 and finally his British Citizenship in 2018.

Son was born in India in 2014. I and my son came to UK in May 2015 on a Tier 1 (General) PBS dependent visa. We stayed with my husband in UK till August 2016, then came back to India.

My kid's visa expired in 2017 and we did not renew it.

Can you please advise us based on the info given. Pls let me know in case you need more information.

PS - I renewed my Tier 1 (General) PBS dependent visa in 2017 and its valid till Feb 2020. Can i travel with it? even though my husband has now got British Citizenship?

Child applies for same visa category that you have, Tier 1 General dependent.

PS - I renewed my Tier 1 (General) PBS dependent visa in 2017 and its valid till Feb 2020. Can i travel with it? even though my husband has now got British Citizenship?

Your visa is still valid.

Thanks for your quick response. a great relief for me !

Just one more doubt - Based on this, i guess he can apply for settlement after spending 5 years in UK after a successful entry clearance.

How did you renew your visa in 2017 if you were out of the UK since augualst 2016??

Child can apply for ILR when you qualify to apply.

I returned to UK for 3 weeks in 2017 to renew my PBS dependent visa and then again in 2018 to visit my husband.

Sorry for asking again, But am unable to understand some info given in UK gov web pages.

While checking for eligibility for my son - i am asked to apply for a 'family of a settled person’ visa.

https://www.gov.uk/check-uk-visa/y/india/family/no/yes

I guess that means a family visa or a settlement Visa.

Then i checked here -
https://www.gov.uk/uk-family-visa/child

it just says -if You were born outside the UK
Whether you can apply depends on your age and how your parent applied.

Then it says-
One of your parents must also be applying or have applied for a visa or to extend their permission to stay as a: partner - and the partner they’re joining is your other parent

Does it mean that my son qualifies for a family visa / settlement visa?

Apologies if this seems repetitive, I cant find any guidance on website which points me to a definite answer .

Thanks in advance for your expertise and time.

You cannot apply for a settlement visa for your son if you do not apply for one too. You cannot hold a PBS Dependent visa and your son hold a settlement visa. He either applies for the visa you hold, or you both apply for settlement visas.

The child born abroad will always follow the less privileged parent in terms of immigration.

If you both held ILR, the child could apply for a settlement visa and likely be granted Indefinite leave to enter.

Thank you so very much for explaining it so clearly. Now i understand the scenario.

So, if i want to apply for a settlement visa for my son, I would need to switch my PBS dependent visa to a settlement visa. (I understand my clock would be reset anyway due to the long absences between 2016 - till present)

My PBS dependent visa is expiring in Feb 2020. So, by rule I can apply to extend only 28 days before then.

But in case of switching from PBS dependent to spouse settlement visa, can i do it much earlier?

And if I can, will i be granted the whole 2.5 yrs of spouse settlement visa or just the balance years of PBS dependent as its with same spouse / sponsor ? (I remember reading something like this, but cant find the relevant page)

Your guidance is very much appreciated !

There is no absence limit for PBS dependents with visas issued before 11th January 2018.

If you apply for a Settlment visa, your clock resets and you have to wait another 5 years, 2 x 2.5 year visas, before you can apply for ILR.

You cankot combine pbs dependent time with settlement visa time to make up 5 years for ILR.

Thanks a ton @ CR001 !

Can you pls give me some clarification on the below -

I was reading the Tier 1 Dependant guidance for applying for my son -

https://assets.publishing.service.gov.u ... 1-2019.pdf

Point 4 says -
You can apply for limited leave to remain as a PBS Dependant if you meet the criteria set out in this
guidance and the Immigration Rules and you are:

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:
o your other parent does not yet qualify for indefinite leave to remain; and
o you last held leave as PBS Dependant granted on or after 9 July 2012.

Is it OK that the PBS dependent visa applied after july 2012 has expired in 2017 and the child was in India without any visa?

Point 5 says -
. For any dependant child applying;
• both of the applicant’s parents must either be lawfully present (other than as a visitor) in the UK,
or being granted entry clearance or leave to remain (other than as a visitor) at the same time as
the applicant; or
• one parent must be lawfully present (other than as a visitor) in the UK and the other is being
granted entry clearance or leave to remain (other than as a visitor) at the same time as the
applicant

I am worried about the phrases "lawfully present " & "at the same time as the applicant".
Since my visa is valid till next year, I will be applying only for son now and not same time as him.
And i am thinking lawfully present is different from physically present

Thanks for your invaluable advice.

I was reading the Tier 1 Dependant guidance for applying for my son -

https://assets.publishing.service.gov.u ... 1-2019.pdf

Point 4 says -
You can apply for limited leave to remain as a PBS Dependant if you meet the criteria set out in this
guidance and the Immigration Rules and you are:

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:
o your other parent does not yet qualify for indefinite leave to remain; and
o you last held leave as PBS Dependant granted on or after 9 July 2012.

Is it OK that the PBS dependent visa applied after july 2012 has expired in 2017 and the child was in India without any visa?

Yes, he must apply for a PBS Dependent visa, regardless of the last visa expiry.

Point 5 says -
. For any dependant child applying;
• both of the applicant’s parents must either be lawfully present (other than as a visitor) in the UK,
or being granted entry clearance or leave to remain (other than as a visitor) at the same time as
the applicant; or
• one parent must be lawfully present (other than as a visitor) in the UK and the other is being
granted entry clearance or leave to remain (other than as a visitor) at the same time as the
applicant

I am worried about the phrases "lawfully present " & "at the same time as the applicant".
Since my visa is valid till next year, I will be applying only for son now and not same time as him.
And i am thinking lawfully present is different from physically present

You are overthinking. The other parent has a VALID PBS Dependent visa and is allowed to live and work in the UK. It does not mean 'physically present'.

Thanks for all your clarifications and advise CR001. I very much appreciate your guidance.

I am now filling in the TIER 1 dependent visa application for my child and am unable to find a copy of their previous application and becoming paranoid of choosing something incorrect.

I have the below queries for the questions in form -

How long will you stay? - should i put in a date? can i say till the validity of the visa?

Have you previously had any medical treatment in the UK?

Do GP visit, vaccination also count ? we made couple visits between 2015-2016. and once my son was kept overnight for observation when he had a cold.
I do not remember any of the dates. But we paid IHS for 2.5 years

Can i just put in the vaccination date and write a line stating we used GP services in addition information.

Non dependent children -
Are any other children travelling with you? - should i mention his sibling's detail who will travel with him? or does "Non dependent children" mean a British child ?

Which area of the maintenance requirement are you applying under?
which should i select for a child - ? or am i just overthinking again. sorry
Main applicant /own funds
or
Parent / guardian

Thanks again. Hopefully this should wrap up my queries..and the next post be a application submitted.

Sorry to be a pest.

Most of my documentation is in line. just need some guidance on the question. - Non dependent children

What does UKBI ask when they say "Are any other children travelling with you?" in the tier 1 dependent application form.

thanks for any help.

Hi,

Apologies, if i am posting in the wrong forum. But couldn't find the correct sub forum for Tier 1 (General) PBS dependents.

I am hoping someone experienced can guide me on the below queries -

1) When submitting the Main Applicant's Passport copy (British Passport), should it be in Black & White or Color?

2) What pages of the Passport are we required to submit? Just Bio & stamping pages or the entire passport?

3) My Mortgage Certificate is just a Black & White statement of payments made by us, provided by company. No seal, Company Logo. But has the company's contact details & has my husband's name and address. Would it be fine for accommodation evidence?

Thanks in advance.

Pls can someone advise on my supporting documents. I am planning on submitting next week.

Is the mortgage certificate mentioned in previous post sufficient for evidence of accomodation.

What format of British passport (main applicant's) and how many pages of it should I submit.

Many thanks.

LeoLibra wrote: ↑

Thu Mar 21, 2019 4:18 am

Pls can someone advise on my supporting documents. I am planning on submitting next week.

Is the mortgage certificate mentioned in previous post sufficient for evidence of accomodation.

What format of British passport (main applicant's) and how many pages of it should I submit.

Many thanks.

1. Yes.

2. Biometric page.

Thanks CR001 !!

Submitted the application for a Tier 1 (general) dependant visa for my boys @ Chennai VFS centre today morning.

They scanned all documents and returned the original and Xerox too. Returned the application copy too. Took biometrics - only photos for the boys.

But did not ask for the UK size passport photos. Will this be an issue. I realised this only after reaching home.

Can someone pls advise on the above.

Will the non submission of the UK visa photo cause the application to be rejected.

I asked in every counter to submit the photos. And till the last each staff said ask in next stage. Finally I forgot about it and returned home.

Am quite anxious now. How can I rectify this. Whom can I contact.