Advise needed for Child VISA - Father ILR, Mother - PBS Dependent - Please help!

Hi All,

I am on ILR (T2G - 5 year route), since 2020, and my second child is born outside UK (for family support reasons, we decided to go to India for delivery). We are in the process of applying the VISA for my child, but unable to find the right category.

For my first child, I was on T2G, so it was a bit easy to go via PBS dependent, but now that I am on ILR, not sure if I can directly apply for ILR dependent for a child born outside UK? I am not able to see the right categories in the https://www.gov.uk/indefinite-leave-to-remain-family section.

Really appreciate your inputs on this.

Many thanks, PR

What visa does the other parent currently hold?

Hi CR001, it is PBS Dependent Leave to Remain. thanks

Then that is the only visa category you can apply for for the child. The child will follow the same immigration path as the mother on PBS Dependent visa and then ILR.

Note that if your wife is absent from the UK for more than 180 days in any 12 month period, she won't qualify for ILR as her absence will break her continuity of residence and she starts a new 5 year period when she returns.

It would have been so much more simply and cost effective, to have had the child in the UK as if born after you got ILR would be automatically British and you could have applied for a British passport and then go to home country for family support etc.

Thanks CR001, yeah thats true, could have been a lot simpler that way. Thanks for your response.

Is there any additional information other than VAF4A tp further support the case?

Hi all,

We have a difficult situation on my child`s VISA,

Father: ILR (Tier 2 G Route) - since 2020
Mother: PBS Dependent (Tier 2 G Route from Husband) - Expiry Jan 2024, will be applying for ILR

We went to India for delivery due to some complications in maternity and planning for returning to UK with the newborn, however we got an email from HO and been asked to withdraw the application and submit a new one under the right category. Details below,

- Submitted an application in May 23 for my child under Appendix FM from India
- Received an email from HO last week (27 Jun) that IHS amounting to GBP450 to be paid and we did that. In the initial application, IHS came back as 0.
- Received an email on 30 Jun with below asking us to withdraw and submit a new application under right category "The UK Decision Making Centre is currently assessing the application submitted by the above named. We are unable to conclude the application at this time as we require additional information.

You have applied under Appendix FM which requires your parent's to be British, have settled status, a protection status or have leave under Appendix FM. However one of your parent's is settled and your other parent holds leave under the skilled worker route. We are providing you this opportunity to withdraw your application in order to submit an application under the correct route. If you choose not to withdraw we will continue to assess your application under the Appendix FM route. Please note you will not be entitled to a refund for this application.

Please send your responce to Sheffield.SettlementDocsRequested@fcdo.gov.uk within 10 working days quoting your application reference in the subject line. Please attach the document directly to the email as we are unable to access links to files hosted on sites such as Dropbox™ or Google Drive™"

Appreciate if anyone can help with below questions,

- What is the right category for the application for my child (Father: ILR, Mother: PBS Dependent - valid until Jan 24) ?
- Can we just submit another application and attach that as a response to the email? Any chances of HO accepting the request?
- What are the possibilities of getting any refund (atleast partial) - application fees of GBP 1536 is same for all categories for child visa? Given HO just couple of days before sending an email asked us to pay for IHS, If they were going to ask us for withdrawing application, why ask for paying IHS?
- If we do not withdraw, and HO rejects the application, what impact would that have for my child?

Sorry there are lot of questions, but really appreciate your inputs.

Thanks in advance,
PR

You were advised I'm March that the child applies for the same visa as the mother, PBS dependant child visa.

Hi CR001,

Yes thats correct, but when we started going through the route, it was asking for a CoS number and the details which i curently do not have, since I got ILR and changed employment as well. It was not even recognising the CoS, and thats how we got confused and applied under this category

Appreciate your inputs.

Thanks

Parthipan

You use the last cos and employer details you had!

Thanks CR001, in the application it is accepting, however in the IHS page it is asking for the visa route for main applicant (no ILR or Tier 2 General, only Tier 2 Partner upto5 years ) and is asking for work start and end date. So confused since I am currently self-employed and do not have work start or end. I cannot give the CoS start and end date as it is in the past and it is not accepting.

Appreciate your help! thanks.

When does your spouse's visa expire?

CR001 wrote: ↑

Mon Jul 03, 2023 4:32 pm

When does your spouse's visa expire?

PR002 wrote: ↑

Mon Jul 03, 2023 3:21 am

We have a difficult situation on my child`s VISA,

Father: ILR (Tier 2 G Route) - since 2020
Mother: PBS Dependent (Tier 2 G Route from Husband) - Expiry Jan 2024, will be applying for ILR

My spouse`s VISA expires on 16 Jan 2024, however in IHS section for " the person you are joining with", my name is prep-populated and greyed out, it is asking for VISA type and VISA route, which we are not sure whether we should chose Tier 2 General or Skilled worker (my VISA route) or my wife`s VISA route which is Tier 2 General partner (upto 5 years). Appreciate your help CR001. Thanks

SW 36.2.

A child will be granted permission which ends on the same date as whichever of their parents’ permission ends first, unless both parents have (or are being granted) settlement or British Citizenship, in which case the child will be granted permission for 3 years.

Hence,

CR001 wrote: ↑

Sun Mar 12, 2023 11:13 am

Then that is the only visa category you can apply for for the child. The child will follow the same immigration path as the mother on PBS Dependent visa and then ILR.