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Urgent: ILR for UK born child from outside UK

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

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urbandude
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Urgent: ILR for UK born child from outside UK

Post by urbandude » Sat Sep 25, 2021 10:18 am

Hi,

I need few answers on urgent basis so that I can action accordingly.

Here is my situation:
I have completed 3 years on Tier 2/Skilled worker visa and validity of 2.5 years still left and 2 years for ILR.

I have a child born in UK 1 year back and I have not yet applied for his visa.

Due to some medical conditions I want to take my child to home country for treatment and treatment will take long time. So here are my queries:

1. If my child leave UK without applying visa, can he apply for ILR directly from home country once my ILR is done?

2. If not ( point 1), can he apply for visa from home country based on my existing visa (not ILR) without parents after lets say 1 year and then apply for ILR along with me from UK after 2 years. He might be away for more than 6 months so will that be an issue.

Any other suitable and economical option?

Thanks in advance.

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CR001
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Re: Urgent: ILR for UK born child from outside UK

Post by CR001 » Sat Sep 25, 2021 10:29 am

1. If my child leave UK without applying visa, can he apply for ILR directly from home country once my ILR is done?
No. You cannot apply for ILR outside the UK. You could apply to register the child as British once your ILR is granted though or apply for a child settlement visa.
2. If not ( point 1), can he apply for visa from home country based on my existing visa (not ILR) without parents after lets say 1 year and then apply for ILR along with me from UK after 2 years. He might be away for more than 6 months so will that be an issue
.
Yes. There is no residence or absence limit for children on PBS Dependent visas.
I have a child born in UK 1 year back and I have not yet applied for his visa.
Do you realise that your child was only entitled to 3 months free NHS use after birth? If you do not apply for a visa, you have to pay 150% of NHS cost or have private medical insurance for the child.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

urbandude
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Posts: 36
Joined: Mon Aug 27, 2018 9:30 am
India

Re: Urgent: ILR for UK born child from outside UK

Post by urbandude » Sat Sep 25, 2021 11:07 am

Thanks for your response.

So should I pay for NHS right away and apply for visa from UK.

Or let him leave UK without visa and pay for NHS and visa once he is ready to come back?

Is there any issue in 2nd option as I feel if he is away and not utilizing NHS anymore then whats the use of paying right now. Or will there be any issue while ILR?

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