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Child born in uk

Only for UK Tier 1 (Entrepreneur) points system

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kingraja
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Child born in uk

Post by kingraja » Fri Jul 14, 2017 5:28 pm

Hi
I'm on tier 1 entrepreneur visa already got extension in November 2016, I will apply for ILR in February 2018 after completing 5 years.
My child born in uk after my extension in May 2017
My questions are following to all
1- Do I need to apply for child dependant visa even if I'm not planning to travel abroad?
2- If i don't need to apply for child dependant visa then what about IHS because you can't pay IHS without visa application in that case is it NHS services are free for my child till I apply for BC after my ILR using MN1 form...
rajathegreat

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marcnath
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Re: Child born in uk

Post by marcnath » Fri Jul 14, 2017 6:22 pm

kingraja wrote:Hi
I'm on tier 1 entrepreneur visa already got extension in November 2016, I will apply for ILR in February 2018 after completing 5 years.
My child born in uk after my extension in May 2017
My questions are following to all
1- Do I need to apply for child dependant visa even if I'm not planning to travel abroad?
2- If i don't need to apply for child dependant visa then what about IHS because you can't pay IHS without visa application in that case is it NHS services are free for my child till I apply for BC after my ILR using MN1 form...
See my response at indefinite-leave-to-remain/tier-1-enter ... l#p1507098
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

kingraja
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Posts: 111
Joined: Sun Feb 03, 2013 8:09 pm

Re: Child born in uk

Post by kingraja » Fri Jul 14, 2017 7:30 pm

marcnath wrote:
kingraja wrote:Hi
I'm on tier 1 entrepreneur visa already got extension in November 2016, I will apply for ILR in February 2018 after completing 5 years.
My child born in uk after my extension in May 2017
My questions are following to all
1- Do I need to apply for child dependant visa even if I'm not planning to travel abroad?
2- If i don't need to apply for child dependant visa then what about IHS because you can't pay IHS without visa application in that case is it NHS services are free for my child till I apply for BC after my ILR using MN1 form...
See my response at indefinite-leave-to-remain/tier-1-enter ... l#p1507098
But it is not satisfied reply as you are not sure what actually law says
rajathegreat

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Re: Child born in uk

Post by Mrchaany » Fri Jul 14, 2017 10:34 pm

Q1. No need to wait for your ILR under section 3(1)
Q2. Do not need to pay NHS because your child is free regardless if you have planing to apply for PBS visa
Strong commitment, extreme faith and honesty will recognize your existence.

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marcnath
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Re: Child born in uk

Post by marcnath » Sat Jul 15, 2017 5:18 am

Mrchaany wrote:Q1. No need to wait for your ILR under section 3(1)
Q2. Do not need to pay NHS because your child is free regardless if you have planing to apply for PBS visa
1 is straightforward and understood.
I have been unable to locate any basis for the "Do not need to pay NHS because your child is free.." part of it. From what I have been able to see so far, only the first three months is free for the child. It will be useful to share where your conclusion is from.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

Mrchaany
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Re: Child born in uk

Post by Mrchaany » Sat Jul 15, 2017 8:34 am

Ok
If child born in uk, and the parent have plan to wait for their settlement, and no plan for travelling, so child do. It need nhs surcharge because child have no pervious leave to remain or enter, and the child is not overstay,

ishfaqsangra
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Re: Child born in uk

Post by ishfaqsangra » Sat Jul 15, 2017 9:06 am

From my understandings, I am under the impression that: At the time of applying your ILR you can apply child BC as they will look your application first and if successful child will be granted BC.(They do not need to apply ILR)

This is I understood from some other topics discussed on this forum.

I am not sure if a UK born child need to be in for certain time period before BC(such as 2 years)

If you are applying for Child BC no IHS.

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marcnath
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Re: Child born in uk

Post by marcnath » Sat Jul 15, 2017 9:16 am

ishfaqsangra wrote:From my understandings, I am under the impression that: At the time of applying your ILR you can apply child BC as they will look your application first and if successful child will be granted BC.(They do not need to apply ILR)
ishfaqsangra wrote:This is I understood from some other topics discussed on this forum.

I am not sure if a UK born child need to be in for certain time period before BC(such as 2 years)

If you are applying for Child BC no IHS.
They are two separate process, so I am not sure if you can combine.
But once ILR is granted, if the child is UK born, BC application can be made immediately.
There is minimum period of stay needed
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

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marcnath
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Re: Child born in uk

Post by marcnath » Sat Jul 15, 2017 9:19 am

Mrchaany wrote:Ok
If child born in uk, and the parent have plan to wait for their settlement, and no plan for travelling, so child do. It need nhs surcharge because child have no pervious leave to remain or enter, and the child is not overstay,
Your message is a bit confusing.
But yes, the child is not an overstayer.

And again, strictly speaking, the NHS surcharge does not need to be paid.

But NHS is not free to the child after three months if surcharge is not paid.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

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marcnath
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Re: Child born in uk

Post by marcnath » Sat Jul 15, 2017 11:33 am

kingraja wrote:
marcnath wrote:
kingraja wrote:Hi
I'm on tier 1 entrepreneur visa already got extension in November 2016, I will apply for ILR in February 2018 after completing 5 years.
My child born in uk after my extension in May 2017
My questions are following to all
1- Do I need to apply for child dependant visa even if I'm not planning to travel abroad?
2- If i don't need to apply for child dependant visa then what about IHS because you can't pay IHS without visa application in that case is it NHS services are free for my child till I apply for BC after my ILR using MN1 form...
See my response at indefinite-leave-to-remain/tier-1-enter ... l#p1507098
But it is not satisfied reply as you are not sure what actually law says
I am quite sure what the law says to be best of my ability as a non legal person.
To your specific questions
1. No, you do not need to apply for child dependant visa
2. NHS services are not free if you don't pay IHS. So you have to actually pay for anything in NHS other than emergency services. When you go to the clinic next time, tell them your situation and they should be giving you a bill.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

kingraja
Member
Posts: 111
Joined: Sun Feb 03, 2013 8:09 pm

Re: Child born in uk

Post by kingraja » Sun Jul 16, 2017 1:00 pm

Hi
Zimba88 & vinny I'm waiting for your response on it
rajathegreat

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Zimba
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Re: Child born in uk

Post by Zimba » Sun Jul 16, 2017 2:53 pm

1- Do I need to apply for child dependant visa even if I'm not planning to travel abroad?
No. The child can remain in the UK and will not become an overstayer.
2- If i don't need to apply for child dependant visa then what about IHS because you can't pay IHS without visa application in that case is it NHS services
The UK born children to legal migrants will be entitled to up to 3 months of free NHS treatment unless they leave the UK.
The Guidance on implementing the overseas visitor hospital charging regulations 2015 says:

Those who have paid the health surcharge or are covered by transitional arrangements
• Non-EEA nationals, who are subject to immigration control, are exempt from charge if one of the following applies to them while their leave to enter/remain is valid:
– they have paid the surcharge; or
– they are exempt from payment of the surcharge 3 or have had the requirement waived or reduced, or have had part (but not all) of the surcharge refunded to them; or
– they would have been covered under one of the above, but for the fact that they applied for leave to enter or remain in the UK before the start of the surcharge (this will include some people already resident here without indefinite leave to remain, and a small number of people arriving after 6 April 2015 who applied for leave before that date).

• A child born in the UK to an above mentioned exempt person is also exempt from charge up to the age of three months provided that the child has not left the UK since birth.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

ishfaqsangra
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Re: Child born in uk

Post by ishfaqsangra » Sun Jul 16, 2017 11:42 pm

I think the Main applicants ILR application and dependents lets say wife (who has spent 5 consecutive years) and UK born children B.C can be at the same time.

Caseworker guidance also explain that how to consider main application and then dependents for such cases/ILR

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