Indian Passport in London and Tier 1 Visa in India

Hi All,

I and my wife are here in UK on Tier 1 general visa and our son is born here in London. We had applied for his passport from Indian consulate and received it today. We have to travel to India on short notice , So I was wondering if it is possible to apply for his dependent visa in India while traveling from UK without the visa. I understand that price is more in India ..but I am ready to pay more for it... since we need to go ...

What is suggestion for this situation... ?

thanks,
Krishan

Yes. Read the PBS dependant guidance. Make sure you have 3 months of bank statements to provide for the visa application. Apply as soon as you arrive in India to limit the possibility of one of you being stranded there, not able to return, due to the waiting times for the visa to be emitted.

[quote="Lucapooka"]Yes. Read the PBS dependant guidance. Make sure you have 3 months of bank statements to provide for the visa application. Apply as soon as you arrive in India to limit the possibility of one of you being stranded there, not able to return, due to the waiting times for the visa to be emitted.[/quote]


Hi Lucapooka ,

Many thanks for your prompt reply... happy to hear that....my general feeling was also the same ...as according to rules we are not doing anything wrong... but I thought of checking with the experts on this forum.

Just one thing can you please how can we we so sure about this.... do you have some source of information which confirms this...

thanks once again...
Krishan

Sure about what; the leaving or the returning or the need to apply for any kind of leave at all? He, like anyone else, can't enter the UK without a valid residence permit or entry clearance (the airline in India won't even board him) and unless you apply for a residence permit before he departs the UK you have no choice other than to apply for entry clearance in India before he returns. It's commonplace to do what you are suggesting. The forum is full of posts from people in similar circumstances.

I am sure Airline taking him to India will not want to check if he has UK visa or not...and I am sure Indian Immigration should not bother as well as he have Indian passport and obviously airline bringing him back to UK will not board him if he does not have UK visa. So If he gets visa in India then there should not be any issue ...

I am only slightly worried about his visa application in India... as he is born in UK and his passport (though Indian passport) is issued in UK. .. somebody can say while he was in UK ( though only for one month)...he did not had any visa so it can possibly be said that he was illegally living here ( though he is born only a month back) ...

what is your thought on this...?

krishsays wrote:I am sure Airline taking him to India will not want to check if he has UK visa or not..

I did not suggest they would when leaving and nor would that be relevant.

krishsays wrote:as he is born in UK and his passport (though Indian passport) is issued in UK. .. somebody can say while he was in UK ( though only for one month)...he did not had any visa so it can possibly be said that he was illegally living here ( though he is born only a month back) ...

No they won't as it's not true or necessary that he needs to have UK leave in those circumstances. Most PBS migrants with kids born in the UK don't bother to apply for leave if they are not leaving the UK. In such circumstances they simply wait for ILR and then register the child as British (never having applied for leave to remain or EC on the child's behalf).

This forum has some very well-informed contributors and if what I am suggesting is wrong or inappropriate then those members will surely comment on that basis. I trust that nobody will because it's completely acceptable.