Spouse & baby visa complications

Hello,

I was hoping to get some direction regarding my spouse visa extension as well as visa for my baby.

My wife came to the UK as a PBS dependent while I was on a Tier2 visa. We were both working there and she was to complete 5 years under the PBS dependent category in Feb 21 after which she would be eligible for ILR. I got my ILR a couple of years back however we didnt change her visa category to avoid resetting the 5 yr countdown.

We visited India in Oct 19 for a few weeks while she was pregnant, however, due to complications she was advised by the doctor to avoid travel back. She stayed in India while I went back hoping that she might be able to travel if she felt better. However, by February 2020 the pandemic had begun and we were getting close to the 180 day limit of being outside the UK. Eventually, air travel stopped and the baby was born in April.

I travelled back to India when I could, to meet the family and to get the passport/visa formalities done and leave next month(Oct 20) . So I had some questions:
1) Would the pregnancy complications and pandemic be classified as an exceptional circumstance that the 180 days outside UK rule can be wavered if we apply for her ILR?
2) If she would'nt be eligible for ILR based on the above, since she has her visa till Feb 21, is it best to travel to the UK and apply for switching to spouse of a settled person visa?
3) Which visa should I apply for the 5 month baby in India through VFS? Family of a settled person visa?

Long post but I hope it gives some background to the situation.

What date was her current visa issued/granted?

Granted on 07-03-2018. Valid until 07-03-2021.

She is subject to the absence limits and her ilr clock will reset. She won't qualify for ilr in February.

Child applies for the same visa she holds, tier 2 dependent. Baby would have been automatically British if had been born in the UK.

Thank you for the reply.

Correct me if I am wrong, but my wife wouldn't be able be in the Tier 2 PBS category extension for another 5 years. With her visa running out soon, would it not be better to apply for her and the baby under the family of a settled person visa and have them both start the 5 yr ILR clock?

Is the visa application of the baby tied to duration/visa category of my wife and not mine?

Correct me if I am wrong, but my wife wouldn't be able be in the Tier 2 PBS category extension for another 5 years.

Why not?? There is no limit on how many times she can apply for a tier 2 dependent visa.

With her visa running out soon, would it not be better to apply for her and the baby under the family of a settled person visa and have them both start the 5 yr ILR clock?

Your choice. It has more requirements than a tier 2 dependent visa. A spouse visa hasn't got absence limits though. A spouse visa from India can take more than 90 working days though.

Is the visa application of the baby tied to duration/visa category of my wife and not mine?

Correct yes.

Got it. Clear that I need to apply for my baby's visa under PBS dependent.

If the duration of the visa of the baby is tied to that of the mother, does that mean that the baby gets a visa till 07-03-21 following which both the mother and baby would be applying for an extension under the same category? Based on this, it shows healthcare surcharge as 0£ in the gov.uk calculator.

If the duration of the visa of the baby is tied to that of the mother, does that mean that the baby gets a visa till 07-03-21 following which both the mother and baby would be applying for an extension under the same category? Based on this, it shows healthcare surcharge as 0£ in the gov.uk calculator.

Yes. That would likely be due to the visa validity being less than 6 months.

Another question.

While filling up the application form, would I ,the father still be the main applicant? Or since the baby's visa is tied to her mothers, it would be my wife as the main applicant applying for the baby.

For eg. the first question in the form is , What is the name of the person you will join in the UK, this will be used to link your application to theirs.

The mother.

My plan is to apply for Tier 2 dependent visa only for the baby from India following which my wife and baby would be able to travel to the UK and they can apply for an extension under Tier 2 from within the UK itself. Decided against applying as dependent of ILR due to time taken for decision.

With that intention I started filling the online form wherein it asks for the CoS number and sponsor licence number. While I do have both the details, they were associated with me during my time as a Tier 2 sponsored employee following which I obtained the ILR and subsequently switched to a new job at a different company. To confirm, it is my Tier 2 CoS and sponsor licence number that I need to input even though I dont work for that company anymore?

it is my Tier 2 CoS and sponsor licence number that I need to input even though I dont work for that company anymore?

Yes.

Hi CR001,

I am facing another dilemma on the application form.

Under section 1 of the application form where it wants details of the person the dependent(i.e.the baby) is planning to join in the UK. If I put details of the mother as mentioned a few posts above, it then goes on to ask details such as CoS and sponsor licence for her. However, those were assigned to me during my time as a Tier 2 employee rather than my wife(dependent).

So I filled another application form with me being the person the dependent is planning to join. In this case the sponsor details align with me correctly and the form goes on to ask for details of the other parent etc. and it all made sense till I got to the health surcharge payment.
For this, the form auto fills my name and asks for my visa category and visa expiry date. Since I have ILR which expires in 2024, it gives a value of £1200+ . However, since my wife's visa expires on 06/03/21 the baby would be given a visa of the same duration and based on that the health surcharge is 0£ since its less than 6 months.
How can I have the form use the right information i.e. wife's visa expiry details since paying the health surcharge in full and then wait for a refund sounds risky.