Visa of spouse and UK born child from home country

[vikram1686]

Hi,
I have got ILR this week on TIER 2, 5-year route. My wife who has been PBS dependant on me since Dec 2016, is not eligible for ILR yet. Her current leave to remain is valid till 14.04.2020. We also had a baby born this August who has an Indian passport but no UK visa yet. Now, we are planning to travel to India on Dec 18 and since there is not enough time, I am planning to apply visa for my child and extend my wife's PBS dependant from India. My question is:
1. Is it ok if I apply from home country or I should cancel my travel plans and apply from UK only?
2. Should I apply for them in the PBS dependant category or family of settled person category?
Any help would be highly appreciated.

Thanks.
V

[vikram1686]

Could someone please help?
Thanks.

[CR001]

You can apply for a Tier 2 dependent visa from your home country, no issue. When is your wife planning on returning to the UK??

Note applications outside the UK are Entry Clearance applications. Applications within the UK are extension applications.

If you apply for the settlement visa option for your wife and child, your wifes ILR clock resets to zero.

[vinny]

No.

Wife may extend as a PBS dependant from inside the UK before expiry.
UK born child entitled to register for British citizenship (or apply for a visa based on wife’s PBS dependant status).

Consider postponing trip in case of unforeseen delays due to child’s registration or visa application from India, preventing wife from returnIng prior to expiry of leave.

[vikram1686]

You can apply for a Tier 2 dependent visa from your home country, no issue. When is your wife planning on returning to the UK??

Note applications outside the UK are Entry Clearance applications. Applications within the UK are extension applications.

If you apply for the settlement visa option for your wife and child, your wifes ILR clock resets to zero.

Thanks CR001 and vinny for your response.
My wife, me and our daughter have return ticket booked for 09.02.19.
Postponing might be difficult. In that case, I will apply for my child visa under PBS - dependant category from India. Will that be ok or you suspect there might arise issues with applying only for the child?
Thanks.

[CR001]

Will that be ok or you suspect there might arise issues with applying only for the child?

That is fine, however note that the child will only get a visa validity in line with your wife's visa expiry date.

[vikram1686]

Will that be ok or you suspect there might arise issues with applying only for the child?

That is fine, however note that the child will only get a visa validity in line with your wife's visa expiry date.

Yes that's right. Once we arrive in the UK, I will then apply for my wife and child's PBS extension for 3 years before the expiry date.

[vikram1686]

One more thing regarding the PBS dependant application for my child from India:
Whom should I put as the main applicant? Would it be me or my wife? They do ask for COS and sponsor no. for the main applicant in the visa application, so if I put my wife as main applicant whom the child will join, can I then use my COS and my sponsor's no.? Or it doesn't matter and they will give visa for the child as per the partner (in this case my wife) who has the most limited visa validity?
Thanks.

[CR001]

Child is the main applicant as the child is applying for the visa!!

[vikram1686]

Child is the main applicant as the child is applying for the visa!!

Sorry I meant, who should be "The person you are joining or accompanying"?

[CR001]

I think your wife.

[vikram1686]

I think your wife.

But my wife is my PBS dependant. If I put her up as the person whom the child will be joining, can I then provide my COS and sponsor no. as COS and sponsor no. under her details?

[CR001]

Then put your details. Note I do not have sight of the online forms and don't have experience of them either.