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Urgent: New born baby visa issue

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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bsc2007
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Posts: 174
Joined: Sat Jul 21, 2012 6:36 am
India

Urgent: New born baby visa issue

Post by bsc2007 » Tue Jun 07, 2016 10:07 am

Dear friends,

I received my Tier 2 visa in Jan 2014 which is due to expire on 14th October 2016. I got married in May 2014 and my wife came to UK as a Tier 2 dependent in June 2014. She got a job in my team and she has been working full time for my company since Sep 14. She took maternity leave and went to India on 20th February 2016 to have our baby. Our little girl was born on 17th May 2016. :D I am in India right now and returning to UK on 10th June. I am planning to apply for extension of visa in September 2016.

I was wondering whether anyone could help me choose one of the two approaches:
Approach 1. I go to UK. Get my visa extended. Send necessary documents to my wife in India. My wife applies for extension of her dependent visa without affecting her job. My daughter applies for a fresh dependent visa.
Approach 2. I first take a dependent visa for my daughter. My wife and daughter travel to UK. All 3 of us then apply together for extension. (This will result in paying twice for my daughter - meaning a waste of a lot of money)

My further questions are:
1. Does our tiny little girl need a visa to come to UK? (the obvious answer maybe Yes – but still)
2. Is it technically possible to first extend my visa and then my wife extends her visa along with a fresh application for our daughter. (Is extending dependent visa possible for her from India without affecting her job – which is based on her dependent visa)
3. If (2) is yes, will extending visa from India have an adverse impact on my wife’s ILR application?

I am hopeful to get an answer soon – so that I could get this sorted in next 2 days – before flying back to UK.

Many thanks,
B

paradoxical
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Re: Urgent: New born baby visa issue

Post by paradoxical » Tue Jun 07, 2016 10:14 am

(1): Yes, your daughter needs visa (she wouldn't have if she was born inside UK and was not travelling outside)
(2): Yes, it is possible and home office has no issue/concern with her job, that would be between your wife and her company (as she is on a dependent visa, and not Tier 2)
(3): Others can confirm but I don't think it would have any, as long as you keep continuity..

vinny
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Joined: Tue Sep 25, 2007 7:58 pm

Re: Urgent: New born baby visa issue

Post by vinny » Tue Jun 07, 2016 12:36 pm

Extensions may only be made in the UK. Wife applying for entry clearance may cause complications with her continuous leave.

Baby may apply for PBS depndant entry clearance in line with mother or father.
Baby should return with mother before expiry of leave.

All extend in the UK.
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.

bsc2007
Member
Posts: 174
Joined: Sat Jul 21, 2012 6:36 am
India

Re: Urgent: New born baby visa issue

Post by bsc2007 » Tue Jun 07, 2016 12:44 pm

paradoxical wrote:(1): Yes, your daughter needs visa (she wouldn't have if she was born inside UK and was not travelling outside)
(2): Yes, it is possible and home office has no issue/concern with her job, that would be between your wife and her company (as she is on a dependent visa, and not Tier 2)
(3): Others can confirm but I don't think it would have any, as long as you keep continuity..
Thanks P! Yes, I was aware of the benefit if she was born in UK - however my wife developed a mistrust on NHS for some reason. I couldnt convince her to stay back.. I have now realized that her decision was very good.. family - friends - pampering and all!

My wife is working lawfully only if she has a continuous visa. Some posts on the forum suggest that one cannot extend a visa outside UK as you need extension only if you are in UK. Ideally I would have liked to go for Approach 1 as that gives baby a good time to settle on planet earth, and also save me some bucks! I will wait and see what other experts have to comment..

bsc2007
Member
Posts: 174
Joined: Sat Jul 21, 2012 6:36 am
India

Re: Urgent: New born baby visa issue

Post by bsc2007 » Tue Jun 07, 2016 12:54 pm

vinny wrote:Extensions may only be made in the UK. Wife applying for entry clearance may cause complications with her continuous leave.

Baby may apply for PBS depndant entry clearance in line with mother or father.
Baby should return with mother before expiry of leave.

All extend in the UK.

Thanks Vinny. In the complications thread, there is a gap of 12 days. As my wife's current dependent visa expires in Oct - I reckon she will get a new visa before the current one expires. As such, I would have thought that this shouldnt make her an illegal worker even for a day. Do you still suggest that I bring my baby to UK first and then we all apply for extension together..? I have no strong preferences, so will do it this way if that is what you think is best.

Many thanks for your prompt response.

iworker
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Re: Urgent: New born baby visa issue

Post by iworker » Tue Jun 07, 2016 3:00 pm

if they dont come to the uk first and apply for extension with yourselves from uk, then her 5 years of continuous leave will break and her ilr will be delayed as she will get entry clearance when she applies from india.
Which also means extra extensions not just for her but for your daughter as well in long run.

If you do have familty support, can she stay there for few weeks while your wife returns to uk and applies extension with you and then go back to india and apply daughter visa from there

bsc2007
Member
Posts: 174
Joined: Sat Jul 21, 2012 6:36 am
India

Re: Urgent: New born baby visa issue

Post by bsc2007 » Tue Jun 07, 2016 4:55 pm

I cant believe how ignorant I could be. I always thought that my wife will get ILR automatically when I get it. Hundred thanks to vinny and iworker and the forum for saving me yet again. I now understand that my wife applying from India is Entry clearance and not Extension.

@iworker: I thought that the suggestion was wonderful, but my wife refused the suggestion of being away from her daughter. It is clear to me now that my daughter will apply for Tier 2 dependent right now, my wife and daughter will come to UK together, and then we three will apply for extension from within UK. I am doing the application now.

A million thanks! :-)

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