Tier 2 dependent visa - help

Hi group, need your help please as i am in bit of confusion. I am currently on tier 2 general visa and will be eligible for ILR by March 2020 (which i intend to apply through super priority route). My wife is currently on tier 2 general dependent visa which is due for renewal on 22 July 2020 (her first entry on tier 2 was in December 2017). She is due to deliver baby on 22 February 2020 in India. She intends to travel back to UK by start of April 2020. I have a few queries:

1. Is it right to understand that child born outside UK gets the same visa and eligibility as per mothers visa or can i apply ILR dependent for my kid (considering that i will get ILR by April 2020)?

2. If child can get visa based on mother's visa validity (at time of child's birth) then is it right to understand that, i first will have to apply for child's tier 2 general dependent visa from India and then again apply for extension from UK in June 2020 (considering that visa will expire by July 2020) or is there any alternative route which can save me from spending multiple times (of application cost and IHS) for child?

3. Extension of my wife's visa - can it be done only from UK and not from India?

Any help would be gratefully appreciated.

1. Child will get same visa as mother, tier 2 dependent.

2. Correct. No there is no alternative route to save you money. Why not have the child in the UK as the child will then be entitled to register as British once you get ilr and wont need a visa.

3. UK yes.

krunalbhatt27 wrote: ↑

Mon Nov 11, 2019 5:34 pm

2. If child can get visa based on mother's visa validity (at time of child's birth) then is it right to understand that, i first will have to apply for child's tier 2 general dependent visa from India and then again apply for extension from UK in June 2020 (considering that visa will expire by July 2020) or is there any alternative route which can save me from spending multiple times (of application cost and IHS) for child?

I was in a similar situation last year, I think you should get your kid's dependent visa approval before your ILR,
I waited for my ILR 2 months due to this.

if you opt to get ILR first, you must obtain ILR dependent for the kid (My friend did it), they get 3 years validity, you may opt in for priority(45 days) otherwise this application can take up to 6 months, there is no IHS charge, but one time £3k expense.

I don't want to confuse you, but If you want to save money keeping the delivery here will be the best option.

you will save around £6000-£7000 over the period of time on your child's various visa,ILR, citizenship

In certain places I was questioned has the child born in the UK, looks like I am going to have that question all the time. Kid also gets citizenship quickly.

Thanks a lot for your valuable information. Very useful. Unfortunately my wife is already in India and now not in a position to travel back UK hence i have to get it delivered in India (curtsey to unpleasant medical experience in UK)

Sorry have few queries further, would be grateful if you can help - will make it clearer for me:

If i am applying for kid's visa from India , do i need to get specific approval (for e.g. from UKVI) for kid's dependent visa? or

Do you mean that i should directly apply for kid's dependent visa from India? Because in this case my wife's visa is valid until July 2020 before it falls due for renewal and hence if i apply for kid's dependent visa from India will the kid get visa validity only until July 2020 (to extent of mother's visa)?

Am i eligible to apply for kid's ILR dependent visa from India? (if i obtain my ILR from UK in March 2020)

If i am applying for kid's visa from India , do i need to get specific approval (for e.g. from UKVI) for kid's dependent visa? or

No.

Do you mean that i should directly apply for kid's dependent visa from India? Because in this case my wife's visa is valid until July 2020 before it falls due for renewal and hence if i apply for kid's dependent visa from India will the kid get visa validity only until July 2020 (to extent of mother's visa)?

Child applies in India and will get the same visa validity as your spouse.

Am i eligible to apply for kid's ILR dependent visa from India? (if i obtain my ILR from UK in March 2020)

No. Child will get the same visa as your spouse. If you want the child settlement visa after you get ilr, then your wife also has to apply for a spouse settlement visa

Many thanks for your response. Very helpful. Much appreciated. Will it be right to understand on my part that i am unable to apply for spouse and child settlement visa from India (if i am granted an ILR) or can i apply for spouse and child settlement visa from india if i get an ILR?

Many thanks once again

You CAN apply for a spouse settlement visa for both of them from India, IF you meet the requirements. Your wife needs to meet the English A1 requirement and you need to meet the financial requirement of £22,400pa.

Note that the ILR clock for your spouse will reset to zero and your wife and child will need 2 x 2.5 year visas before they can apply for ILR.

Thanks a lot for your valuable advise. Much appreciated.

Kind regards
Krunal

Note that if you choose to apply for the spouse settlement visas, they can take a long time from India, anywhere between 60 days and 6 months.

Many thanks once again and agree with you. I intend to apply for tier 2 dependent visa for my kid from India and then apply for extension for wife and kid from UK in June 2020.