A bit urgent- highly appreciated

Hello Gurus,

This forum has been fantastic. Can someone help me with my situation please?

Timelines:

My initial Tier 1 G approved: 28.12.2008
Entered UK: 22.01.2009
Subsequent extension till: 24.01.2014
Got married on : 11.05.2012
Wife visa approved from : 15 June, 2012
PBS visa for my wife till: 24.01.2014 (same as my date)

My wife is now pregnant and planning to go to home country for delivery. Due date is in October and she is planning to return April next year.

My questions are:

1) I presume that since I entered initially within 90 day window, I am eligible to apply for ILR on or after 01.12.2013 (ie 28 days before 28.12.2013- the original visa date). Am I right here?

2) We are planning child's delivery at our home country. What are the implications. If my wife is abroad during her visa expiry date, how will she extend?

3) If she can't extend, can she apply for new dependant visa when she travels in April next year along with baby's?

4) When will my wife (and baby qualify) for ILR if she travels for delivery abroad?

5) If she doesn't travel, then when will my wife (and baby) qualify for ILR?

6) Assuming that all goes well with my ILR, how will that affect my wife's (and baby's) extension when they travel in April next year?

I know this is bit complicated, anyone please can you put your head around. You answers will be highly appreciated.

Many thanks in advance.

Can anyone reply please?

IMO, you should plan on having the childbirth in UK, get your ILR, get your child's british Passport, and your wife and child can go back. This is not considering the technicalities with respect to your native country.

1. Don't know about extending outside the country. I think you need to be in the UK to apply via FLR (M)
2. Yes, she can apply for a dependency visa outside the UK

Can I apply using this form?

You should use application form SET(M) if you:

currently have temporary permission to remain in the UK as the husband, wife, civil partner or unmarried/same-sex partner of a British citizen or a person settled here;
have lived here for 2 years in this category; and
are still planning to live together (and are still married or in a civil partnership, if applicable).

If we gave you permission to remain in the UK as an unmarried or same-sex partner and are now applying to settle here as the husband, wife or civil partner of the same person, your 2-year qualifying period started on whichever is the later of these two dates:

the date when we gave you permission to remain as an unmarried or same-sex partner; or
the date when you arrived in the UK.

Please do not send us your application more than 28 days before the end of your 2-year qualifying period. If you do, we may refuse your application and we will not refund the fee. However, you must apply before your current permission to remain in the UK ends.

If you delayed your journey to the UK by weeks or months after the date when you were given permission to enter, that permission will expire before the end of your 2-year qualifying period. In that case, you may need to apply to extend your visa using application form FLR(M) before you can apply for settlement.

You must be in the UK when you apply.

http://www.ukba.homeoffice.gov.uk/visas ... et%28m%29/#


I think if your wife leaves for half a year - she might need to complete another 2 years! (not 100% sure)

Also, if your child is born in the UK
The child doesn't need ILR once either parent has been granted ILR your child is entitled to register as British by virtue of section 1(3) of the British Nationality Act.
Save yourself some hustle and money.

Also, just my opinion, if you are planning to live in this country - why do you not want to have a baby here? Are you going to fly back to your home country every time you are going to see a doctor?
You will need to complete immunisation for the kid anyway, might as well do it free of charge here. Despite everyone trashing NHS, it is actually really good.

Thanks both for the reply. I do appreciate.

We have decided to get settled here. However, all our relatives are in our home country and have none to help us through here. Hence we decided to go home.

Can seniors also help me with rest of the questions?

Many thanks

T1ilr wrote:Thanks both for the reply. I do appreciate.

We have decided to get settled here. However, all our relatives are in our home country and have none to help us through here. Hence we decided to go home.

Can seniors also help me with rest of the questions?

Many thanks

I think your baby and wife have to apply for settlement visa from india to join you in UK which is expensive
as your wife visa expires while she is in india she can't apply for FLR

refer to this link for your baby

http://www.ukba.homeoffice.gov.uk/visas ... /children/

Without making any complications to your family ILR applications
one solution is to deliver the baby here and you could apply for british passport for baby straight away and your wife can apply FLR and she needs to complete 2 years which will be 15 June 2014 to get ILR..

And I think if you apply for dependant visa for your wife from india she have to wait more five years to get ILR ( as per new rules 9th July 2012 ) ** I suggest you can clarify this point from any professional

http://www.ukba.homeoffice.gov.uk/visas ... you-apply/

9th July 2012 rules
http://www.ukba.homeoffice.gov.uk/sitec ... family-mig

And applying visa from india also requires maintaining funds[/b]

Thanks again, looks like staying back for delivery is the best option. Yet the thought of having to do everything by yourself is daunting when we have a brigade back home to take care.

Yep its a daunting task... you both need to be confident of handling situation when alone here..May be you can invite any of your relative on a visitor visa which is easy to get,cost effective & will be valid for 6months better then expenses incurred on VISA fees...Hope this helps....

T1ilr wrote:Thanks again, looks like staying back for delivery is the best option. Yet the thought of having to do everything by yourself is daunting when we have a brigade back home to take care.

yeah,,,i was also in that position i year ago..but it looked very easy for me to handle..once i faced it
you can apply for paternity for two weeks which you are entitled
and two week annual leaves
and more over health visitors and midwives will be there to assist you

T1ilr wrote:Thanks again, looks like staying back for delivery is the best option. Yet the thought of having to do everything by yourself is daunting when we have a brigade back home to take care.

I can't help with any of your questions - but I can tell you that while having a baby in a country with no family is incredibly hard, if you have to be somewhere away from family then the UK is a pretty decent place. I had amazing support after all 3 of my deliveries, most specifically my first. If the midwives are aware of your situation, they'll normally pay extra attention/stay longer on home visits/make sure everything is okay. If the paternity leave (2 weeks at £100/week or whatever) isn't enough money, use your holiday days.

T1ilr wrote:Hello Gurus,

This forum has been fantastic. Can someone help me with my situation please?

Timelines:

My initial Tier 1 G approved: 28.12.2008
Entered UK: 22.01.2009
Subsequent extension till: 24.01.2014
Got married on : 11.05.2012
Wife visa approved from : 15 June, 2012
PBS visa for my wife till: 24.01.2014 (same as my date)

My wife is now pregnant and planning to go to home country for delivery. Due date is in October and she is planning to return April next year.

Lets look at it this way:

Baby due October. Your ILR eligibility starts 28 days minus Dec 28 - roughly Dec 1. So you have one month plus another to juggle. It is going to be hard. But from personal experience, I would not trade for anything the experience of being part of my children born and growing up in the first 6 months in front of me. It is a humbling experience, and something you can always be proud of. As far as childbirth goes, if there is no medical complication with the mother or child (even which NHS is pretty good at looking after. My second child had to be taken to AE on day 3 - he suddenly stopped breathing - now he is 2 and just fine), you have nothing to worry about, except not getting 8 hrs sleep for the next 4-5 years.

Think wisely.

Thanks Lolainkent, wpilr_nov12, ukba2536, satzhsmp. We have just decided to stay back in UK given to understand that it is more of a hazzle than benefits travelling abroad. I truly appreciate your help.

Thanks

Best of luck to you & your wife!

T1ilr wrote:Thanks Lolainkent, wpilr_nov12, ukba2536, satzhsmp. We have just decided to stay back in UK given to understand that it is more of a hazzle than benefits travelling abroad. I truly appreciate your help.

Thanks

Great to see how members, senior members and everyone on this forum support each other, awesome
Perfect decision - I know it is quite difficult and sometimes really frustrating but you won't regret this decision. You can try and look for process of applying your mum or your wife's mum visitors visa

All the best and good wishes

Hi T1ilr, I was in similar situation last year as you are. We chose to invite my parents to the UK and it worked well.

I must say that the NHS facilities and care that we received here was better than what I would have expected in my home country.

All the best!

Many thanks to all who replied. This forum rocks!!!!