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How to time my ILR application considering baby's potential citizenship registration application & upcoming travel?

Posted: Thu Jul 21, 2022 5:54 pm
by anonvtic
Background

My wife and I are Indian passport holders, living in the UK for the last few years. I currently hold a UK Global Talent Visa (GTV) visa valid until 04 Sep 2023. Under this route, I become eligible for applying for Indefinite Leave to Remain (ILR) as soon as mid-next month i.e. August 16, 2022 to be precise. I intend to apply using the super priority route, and have completed all other prerequisites such as English language proficiency and passed the Life in the UK (LIUK) test.

My wife is on a UK GTV dependent visa, with initial validity until Sep 2023. However, I understand that, despite me having moved onto ILR status, and probably even naturalised as a British citizen, her GTV-dependent visa can still be renewed in 3 year blocks, and hence she will become eligible for ILR in Sep 2026.

Current Situation

We had a baby recently (late March 2022) who was born here in the UK. We have already registered the baby's birth with the registrar of the local UK council, and have their birth certificate. When we attended baby's Indian birth certificate appointment at the VFS centre in London, they strongly suggested that we apply for his Indian passport and birth certificate together (as a single combined appointment) since standalone passport appointments were unavailable for the rest of summer 2022. The baby's Indian passport and birth certificate combined appointment is now scheduled for next Monday, and the processing timeframe is 8 weeks, which implies that we shall receive the baby's passport by around 19 September 2022.

Question(s)

The question here is on how to best time my ILR application and what sort of immigration application should I seek for my baby considering some travel needs.

My wife intends to take our baby to India from late October 2022 through late February 2023 to spend some time with extended family here. She intends to return to the UK in late Feb 2023, since her maternity leave finishes then, and the nature of her job requires physical presence at the office site in the UK.

Obviously, travel to India is not expected to be a problem since the baby shall have Indian passport available well before the expected travel date. However, currently baby does not have any immigration permission here in the UK i.e. no visa.

Obviously, I need to wait for baby's passport before any immigration application can be done, right?

  • If I apply for my ILR on Aug 16, 2022, I assume I cannot apply for baby's immigration permission as a GTV dependent, right?
  • Assuming I obtain my ILR in the super priority route soon after I apply (say the 3rd week of Aug 2022), is it prudent to apply for baby's registration as a British citizen under form MN1 immediately? From the timelines recently posted here under the MN1 category, I think it takes about 2 months, which brings us to Oct 2022 for baby's certificate of approval. Will this alone be sufficient for the baby to return to the UK in Feb 2023? Are there other options like Home-office travel authorisation document etc that are relatively straightforward? Will the baby need a Indian OCI card before being allowed to travel to India?
  • If I wait until baby's passport is received, and then apply for GTV dependent visa, will it hinder my ILR application in any way (except perhaps delaying it by ~1 month)? Is this the best option?

Re: How to time my ILR application considering baby's potential citizenship registration application & upcoming travel?

Posted: Fri Jul 22, 2022 10:01 am
by Ticktack
anonvtic wrote:
Thu Jul 21, 2022 5:54 pm
Background

My wife and I are Indian passport holders, living in the UK for the last few years. I currently hold a UK Global Talent Visa (GTV) visa valid until 04 Sep 2023. Under this route, I become eligible for applying for Indefinite Leave to Remain (ILR) as soon as mid-next month i.e. August 16, 2022 to be precise. I intend to apply using the super priority route, and have completed all other prerequisites such as English language proficiency and passed the Life in the UK (LIUK) test.

My wife is on a UK GTV dependent visa, with initial validity until Sep 2023. However, I understand that, despite me having moved onto ILR status, and probably even naturalised as a British citizen, her GTV-dependent visa can still be renewed in 3 year blocks, and hence she will become eligible for ILR in Sep 2026.

Current Situation

We had a baby recently (late March 2022) who was born here in the UK. We have already registered the baby's birth with the registrar of the local UK council, and have their birth certificate. When we attended baby's Indian birth certificate appointment at the VFS centre in London, they strongly suggested that we apply for his Indian passport and birth certificate together (as a single combined appointment) since standalone passport appointments were unavailable for the rest of summer 2022. The baby's Indian passport and birth certificate combined appointment is now scheduled for next Monday, and the processing timeframe is 8 weeks, which implies that we shall receive the baby's passport by around 19 September 2022.

Question(s)

The question here is on how to best time my ILR application and what sort of immigration application should I seek for my baby considering some travel needs.

My wife intends to take our baby to India from late October 2022 through late February 2023 to spend some time with extended family here. She intends to return to the UK in late Feb 2023, since her maternity leave finishes then, and the nature of her job requires physical presence at the office site in the UK.

Obviously, travel to India is not expected to be a problem since the baby shall have Indian passport available well before the expected travel date. However, currently baby does not have any immigration permission here in the UK i.e. no visa.

Obviously, I need to wait for baby's passport before any immigration application can be done, right?Correct

  • If I apply for my ILR on Aug 16, 2022, I assume I cannot apply for baby's immigration permission as a GTV dependent, right?
You can apply for a GTV dependant at anytime prior to your ILR confirmation.
  • Assuming I obtain my ILR in the super priority route soon after I apply (say the 3rd week of Aug 2022), is it prudent to apply for baby's registration as a British citizen under form MN1 immediately? From the timelines recently posted here under the MN1 category, I think it takes about 2 months, which brings us to Oct 2022 for baby's certificate of approval. Will this alone be sufficient for the baby to return to the UK in Feb 2023?Yep, if you get it on time. Not to forget, if MN1 is approved, you still need either a British Passport or CoERoA. So October isn't happening. Are there other options like Home-office travel authorisation document etc that are relatively straightforward? Just the above are your options!Will the baby need a Indian OCI card before being allowed to travel to India?
If using a BP.
  • If I wait until baby's passport is received, and then apply for GTV dependent visa, will it hinder my ILR application in any wayNope (except perhaps delaying it by ~1 month)? Is this the best option?
I might be wrong, but I don't see what option allows your baby to travel in October based on your timelines.

Re: How to time my ILR application considering baby's potential citizenship registration application & upcoming travel?

Posted: Fri Jul 22, 2022 4:57 pm
by zimba
If you need to travel with the baby, it is prudent to get a dependent visa for the baby in order to return to the UK. There is no harm in that. MN1 application can take some time.

Re: How to time my ILR application considering baby's potential citizenship registration application & upcoming travel?

Posted: Fri Jul 22, 2022 5:42 pm
by JB007
anonvtic wrote:
Thu Jul 21, 2022 5:54 pm
We had a baby recently (late March 2022) who was born here in the UK.
...
However, currently baby does not have any immigration permission here in the UK i.e. no visa.
Have you taken out private health insurance for your baby? The NHS bill at 150% of the national charge.
A child born to a person who is exempt from charges under Regulation 10 or 11 will
also be exempt from charges while they are aged three months or younger provided
that the child has not left the UK since birth. Parents should ensure that they
regularise their child’s immigration status in the UK during this three-month period,
which may include the parent paying the health surcharge on their child’s behalf. If
the parent does not regularise their child’s status, they will be liable for any charges
for treatment provided to the child after the three-month period.
https://assets.publishing.service.gov.u ... y-2022.pdf
Children born in the UK to those here lawfully for more than 6 months

If you give birth to a child in the UK, your child will be entitled to free NHS hospital treatment in England on the same basis as someone who's ordinarily resident up to 3 months of age, but only if they remain in the UK during that period.

You'll also need to meet one of these criteria:

you have a valid visa of more than 6 months and paid the surcharge for that visa
you have a valid visa of more than 6 months, but were exempt from paying the surcharge
you have a valid visa of more than 6 months, which you applied for prior to 6 April 2015

You should apply for a visa for your child during the 3-month period after your child's birth.

If required, you may have to pay the surcharge for your child. Failure to do so means you may be charged for NHS services provided for your child after the 3-month period.
https://www.nhs.uk/nhs-services/visitin ... -area-eea/

Re: How to time my ILR application considering baby's potential citizenship registration application & upcoming travel?

Posted: Fri Jul 22, 2022 10:09 pm
by anonvtic
anonvtic wrote:
Thu Jul 21, 2022 5:54 pm
Obviously, I need to wait for baby's Indian passport before any immigration application can be done, right?Correct
In this case, is having an Indian passport a prerequisite for submitting baby's MN1 application?

Baby's Indian passport application appointment is next Monday, i.e. July 25, 2022. I spoke to the relevant authorities and understand that it will be issued in about 4 to 5 weeks time after submission, i.e. approx around August 29, 2022.
anonvtic wrote:
Thu Jul 21, 2022 5:54 pm
If I apply for my ILR on Aug 16, 2022, I assume I cannot apply for baby's immigration permission as a GTV dependent, right?
You can apply for a GTV dependant at anytime prior to your ILR confirmation.
Well. Therein lies another problem. I had mentioned it elsewhere in my original post, but certainly should have reiterated that I intend to submit my ILR application under the super priority route (since normal ILR applications can take up to 6 months, during which I cannot leave the UK). Of course, ILR is not guaranteed. But I had done a Home Office SARU for self, and looking at it, think that my ILR application shall hopefully be a relatively straightforward case.

Say I don't immediately apply for my ILR on Aug 16 (the earliest I become eligible), but rather first apply for baby's GTV dependent visa immediately upon receipt of baby's Indian passport. Thereafter, if I submit a super-priority ILR application for myself and my ILR gets approved before baby's GTV dependent visa is processed, then will it be a problem for baby's GTV dependent application? What is the correct approach to time this?
anonvtic wrote:
Thu Jul 21, 2022 5:54 pm
Assuming I obtain my ILR in the super priority route soon after I apply (say the 3rd week of Aug 2022), is it prudent to apply for baby's registration as a British citizen under form MN1 immediately? From the timelines recently posted here under the MN1 category, I think it takes about 2 months, which brings us to Oct 2022 for baby's certificate of approval. Will this alone be sufficient for the baby to return to the UK in Feb 2023?

Yep, if you get it on time. Not to forget, if MN1 is approved, you still need either a British Passport or CoERoA. So October isn't happening.
OK. The best case scenario for MN1 approval is about 2 months, I gather. It could potentially take 4 months or above, right? Say in October 2022, my wife takes baby to India using baby's Indian passport, can I submit baby's MN1 application from within the UK? ?
  • Can MN1 form be submitted from India?
  • Does the parent with ILR status and the baby have to be present in the same country at the time of applying?
  • Do they have to remain in the same country while the MN1 application is pending?
As for the British passport, I read about a 1-week fast track route for first child passport application if the baby is applying from within the UK. Will that be an option if baby stays in the UK until then?
anonvtic wrote:
Thu Jul 21, 2022 5:54 pm
Are there other options like Home-office travel authorisation document etc that are relatively straightforward? Just the above are your options!
I read about a CoE ROA (a certificate of entitlement) that we can potentially apply for the baby even if the MN1 form gets approved while the baby is in India, right? Is that difficult/harder to obtain? We can potentially apply for the COE ROA from India, use that to return to the UK in late Feb 2023, and then apply for a first British child passport, right?

Will the baby need a Indian OCI card before being allowed to travel to India?[/list]If using a BP.

OK. Let's say baby did manage to obtain British Passport before travel to India (or travel was postponed until it arrives), is there any information on how long does the OCI application take?

Can the baby keep both British and Indian passports. I know India doesn't permit dual citizenship certainly for adults, but I vaguely recollect reading somewhere (probably not reliable) about an option wherein children are allowed to have Indian + non-Indian passports simultaneously until they turn 18?
anonvtic wrote:
Thu Jul 21, 2022 5:54 pm
If I wait until baby's Indian passport is received, and then apply for GTV dependent visa, will it hinder my ILR application in any wayNope (except perhaps delaying it by ~1 month)?
Should I wait for baby's GTV application to be fully processed and BRP received before making my ILR application? Otherwise, if I obtain for my ILR under the super-priority route while baby's GTV dependent application is still being processed, that will be a problem, right?
anonvtic wrote:
Thu Jul 21, 2022 5:54 pm
I might be wrong, but I don't see what option allows your baby to travel in October based on your timelines.
Here's one possibility to potentially achieve this, I am merely sound boarding here:
  • I apply for my ILR under super priority route on Aug 16, 2022 and submit biometrics via IDV app or in person as soon as possible thereafter
  • I know ILR applications are not guaranteed to be successful, but for now, assuming a straightforward case based on subject access request data, assume that application shall be successful by late August 2022 (next month-end)
  • In late Aug/early Sep 2022, apply for baby's MN1 registration after my ILR is obtained, which approx coincides with baby's Indian passport receipt
  • Await MN1 approval, assuming a typical 2.5 months wait-time after biometrics submission which implies early Nov 2022
  • Make 1-week fast-track passport application, and aim for baby's India travel by 3rd week of Nov 2022
  • If MN1 is not approved by 4th week of October 2022, baby travels to India on Indian passport and if MN1 is approved while baby is in India, apply for a CoE ROA from India to allow return to the UK in late Feb 2023. Submit the British Passport application from within the UK in March 2023
Shall appreciate all members' valuable thoughts/comments to revise/iterate on this rough plan.

Re: How to time my ILR application considering baby's potential citizenship registration application & upcoming travel?

Posted: Fri Jul 22, 2022 10:23 pm
by anonvtic
Separately, just what is the immigration category for which a child of an ILR holder shall apply? (i.e. the immigration option to apply under if a ILR holder does not intend to submit an MN1 application for child's registration for the time being?)

One option could be to travel to India with an Indian passport in Oct 2023, and then apply for the relevant dependent visa to return to the UK in late Feb 2023?

Re: How to time my ILR application considering baby's potential citizenship registration application & upcoming travel?

Posted: Sat Jul 23, 2022 1:26 am
by vinny
Zimba wrote:
Fri Jul 22, 2022 4:57 pm
If you need to travel with the baby, it is prudent to get a dependent visa for the baby in order to return to the UK. There is no harm in that. MN1 application can take some time.
Correct, apply in-line with wife.

Alternately, baby may be eligible for ILR under the UK born child rules. But unfortunately, some caseworkers appear to ignore these rules.

Re: How to time my ILR application considering baby's potential citizenship registration application & upcoming travel?

Posted: Sat Jul 23, 2022 8:38 am
by anonvtic
vinny wrote:
Sat Jul 23, 2022 1:26 am
Correct, apply in-line with wife.
The crux of the issue is that currently, baby cannot submit a GTV dependent visa application since they don't yet have an Indian passport. By the time baby's Indian passport is expected to be received (late Aug 2022), it is likely that I (the main GTV holder) would have obtained my ILR under the super priority route.
vinny wrote:
Sat Jul 23, 2022 1:26 am
Alternately, baby may be eligible for ILR under the UK born child rules. But unfortunately, some caseworkers appear to ignore these rules.
Apologies. I am a bit unclear on this because of the confusing and discussions in that page, which points to several further hyperlinks.

May I request if you can please summarize the baby's eligibility for ILR and the relevant gov.uk immigration rules paragraphs that govern this?
  • Should I explicitly apply for the baby's ILR?
  • If yes, baby's ILR application is to be done only after I obtain my ILR, right?
  • If #1 above, will baby's ILR have to be applied under Set(O) category?

Re: How to time my ILR application considering baby's potential citizenship registration application & upcoming travel?

Posted: Sat Jul 23, 2022 8:45 am
by anonvtic
Zimba wrote:
Fri Jul 22, 2022 4:57 pm
If you need to travel with the baby, it is prudent to get a dependent visa for the baby in order to return to the UK. There is no harm in that. MN1 application can take some time.
Agreed that this is the most straightforward route under typical circumstances.

However, the core issues are that:
  • Currently, the baby is unable to submit a GTV dependent application, because Indian passport is not yet issued.
  • By the time baby's Indian passport is expected to be received, the main GTV holder (i.e. me) would have perhaps been issued an ILR, and hence cannot apply for baby's GTV dependent visa afterwards

Re: How to time my ILR application considering baby's potential citizenship registration application & upcoming travel?

Posted: Sat Jul 23, 2022 9:44 am
by anonvtic
JB007 wrote:
Fri Jul 22, 2022 5:42 pm
Have you taken out private health insurance for your baby? The NHS bill at 150% of the national charge.
Yes. I am aware of the 3-month age limit for regularising a newborn baby's immigration status.

There were circumstances beyond my control.
  • Baby had a hypoxic ischaemic encephalopathy (HIE) incident at birth (deprivation of Spam to the brain). Baby had multiple seizures and underwent therapeutic cooling treatment of the brain for several days in the neonatal unit. Baby was discharged from hospital only after 20 days after birth (mid-April 2022)
  • We obtained baby's UK birth certificate from the local UK council registrar in mid-April 2022, just a day before discharge (at the earliest appointment available)
  • A prerequisite to obtaining Indian passport is the Indian birth certificate. We arranged all the documents/photographs for the Indian birth certificate application. The earliest birth-certificate appointment at their VFS Goswell Road (London) application centre was in mid-June 2022
  • At the birth certificate appointment, the Indian authorities informed us (and other parents who had come for birth registration) that it takes 4 weeks for birth certificate issuance, and furthermore that Indian passport appointment slots were not available at least until end of August 2022. They asked us to make a combined appointment for Indian birth certificate + Indian passport, which we have now obtained for this Monday (day after tomorrow), July 25, 2022
Indian birth certificate + Indian passport registration can take 4-5 weeks, implying that it will be about late August 2022 to receive the Indian birth certificate + Indian passport.

Baby is scheduled to receive outpatient doctor appointments ever since discharge from hospital. There are physiotherapy and occupational therapy at least once every week, and perinatal follow-up doctor appointments every few months. At the first outpatient follow-up clinic, there were very early signs pointing to suspected cerebral palsy (although formal diagnosis won't happen at least until the 18-month follow-up). Additionally, baby was admitted for a night following an A&E visit following a suspected infantile spasm/seizure at the 13th week.

Will we be billed for baby's ongoing/past NHS care? Are there any extenuating provisions that apply (also asking for a friend, an Indian passport holder with a student visa, whom we met at the neonatal ICU stay, whose baby is now 4 months in the hospital following early childbirth at 22 weeks gestational age)?

Re: How to time my ILR application considering baby's potential citizenship registration application & upcoming travel?

Posted: Sat Jul 23, 2022 11:30 am
by JB007
anonvtic wrote:
Sat Jul 23, 2022 9:44 am


Will we be billed for baby's ongoing/past NHS care? Are there any extenuating provisions that apply (also asking for a friend, an Indian passport holder with a student visa, whom we met at the neonatal ICU stay, whose baby is now 4 months in the hospital following early childbirth at 22 weeks gestational age)?
JB007 wrote:
Fri Jul 22, 2022 5:42 pm
A child born to a person who is exempt from charges under Regulation 10 or 11 will
also be exempt from charges while they are aged three months or younger provided
that the child has not left the UK since birth. Parents should ensure that they
regularise their child’s immigration status in the UK during this three-month period,
which may include the parent paying the health surcharge on their child’s behalf. If
the parent does not regularise their child’s status, they will be liable for any charges
for treatment provided to the child after the three-month period.
https://assets.publishing.service.gov.u ... y-2022.pdf
The provision is that you are allowed 3 months bill free healthcare for your baby, to be able to get a dependant visa during that time.

Are you living in England? The quote I gave above earlier in your thread, was for the charging regulations for NHS in England, that England brought in for their NHS.

With all those potentail healthcare bills, (for your student friend too) why didn't you get a dependant visas for your babies during that 3 month timeframe, to be able to pay the Immigration Health Surcharge?

Re: How to time my ILR application considering baby's potential citizenship registration application & upcoming travel?

Posted: Sat Jul 23, 2022 11:41 am
by JB007
JB007 wrote:
Sat Jul 23, 2022 11:30 am
With all those potentail healthcare bills, (for your student friend too) why didn't you get a dependant visas for your babies during that 3 month timeframe, to be able to pay the Immigration Health Surcharge?
I've seen others say they applied for a dependant visa for a baby born in the UK and put that the baby's passport is applied for. Not sure if that works, but they said it did.

And why have you still not applied for your babies depedant visa? Once your baby has been granted that, you won't be liable for anymore NHS bills.

The charging regualtions that England brought in, means that the law says the hospital must bill and it is no longer optional.

Re: How to time my ILR application considering baby's potential citizenship registration application & upcoming travel?

Posted: Sat Jul 23, 2022 12:13 pm
by zimba
anonvtic wrote:
Sat Jul 23, 2022 8:45 am
Zimba wrote:
Fri Jul 22, 2022 4:57 pm
If you need to travel with the baby, it is prudent to get a dependent visa for the baby in order to return to the UK. There is no harm in that. MN1 application can take some time.
Agreed that this is the most straightforward route under typical circumstances.

However, the core issues are that:
  • Currently, the baby is unable to submit a GTV dependent application, because Indian passport is not yet issued.
  • By the time baby's Indian passport is expected to be received, the main GTV holder (i.e. me) would have perhaps been issued an ILR, and hence cannot apply for baby's GTV dependent visa afterwards
Your baby is NOT British at birth. So the baby can still get a dependent visa following the mother's route and AFTER you get ILR and when the passport is ready. What is the problem here ?? ???

Re: How to time my ILR application considering baby's potential citizenship registration application & upcoming travel?

Posted: Sat Jul 23, 2022 12:46 pm
by anonvtic
Zimba wrote:
Sat Jul 23, 2022 12:13 pm

Your baby is NOT British at birth. So the baby can still get a dependent visa following the mother's route and AFTER you get ILR and when the passport is ready. What is the problem here ?? ???
Oh apologies.

Can I still apply for baby's GTV dependent visa after I get ILR? I didn't know that!

Re: How to time my ILR application considering baby's potential citizenship registration application & upcoming travel?

Posted: Sat Jul 23, 2022 12:58 pm
by anonvtic
JB007 wrote:
Sat Jul 23, 2022 11:41 am
JB007 wrote:
Sat Jul 23, 2022 11:30 am
With all those potentail healthcare bills, (for your student friend too) why didn't you get a dependant visas for your babies during that 3 month timeframe, to be able to pay the Immigration Health Surcharge?
I've seen others say they applied for a dependant visa for a baby born in the UK and put that the baby's passport is applied for. Not sure if that works, but they said it did.

And why have you still not applied for your babies depedant visa? Once your baby has been granted that, you won't be liable for anymore NHS bills.

The charging regualtions that England brought in, means that the law says the hospital must bill and it is no longer optional.

Oh. Can we apply for GTV dependent visa already without Indian passport? Can you confirm this and point me to the relevant immigration rules which says so?

I thought I just detailed the circumstances why I haven't been able to apply for baby's GTV dependent visa (long hospital stay after birth, delay from Indian passport/birth-certificate authorities etc). I apologise if there were any unclear aspects in my earlier post that suggested that I didn't try to make progress in the GTV dependent application front. I hope that this reiteration here clarifies things fully.

As for the friend's baby, her baby is severely pre-term, was born at 22 weeks gestational age, can't feed, has several series of infections and has never left the incubator in the hospital ICU since birth. How can such a baby apply for dependent visa or passport? They need biometrics for dependent visa application for babies, right? These are truly extenuating circumstances.


As I said, one thing that remains unclear for me is whether GTV dependent application can be submitted for baby before passport is issued. Can you please point me to a gov.uk official source (or other successful applicants in this forum who have done that).

Re: How to time my ILR application considering baby's potential citizenship registration application & upcoming travel?

Posted: Sat Jul 23, 2022 1:02 pm
by anonvtic
anonvtic wrote:
Sat Jul 23, 2022 12:46 pm
Zimba wrote:
Sat Jul 23, 2022 12:13 pm

Your baby is NOT British at birth. So the baby can still get a dependent visa following the mother's route and AFTER you get ILR and when the passport is ready. What is the problem here ?? ???
Oh apologies.

Can I still apply for baby's GTV dependent visa after I get ILR? I didn't know that!
I was unclear on what you meant by mother's route, but shall restate here that baby's mother has immigration permission as my dependent i.e. she is on a GTV dependent visa (I am the GTV primary holder).

Can I still apply for baby's GTV dependent visa after I have moved onto an ILR?

Re: How to time my ILR application considering baby's potential citizenship registration application & upcoming travel?

Posted: Sat Jul 23, 2022 1:18 pm
by JB007
anonvtic wrote:
Sat Jul 23, 2022 12:58 pm
Oh. Can we apply for GTV dependent visa already without Indian passport? Can you confirm this and point me to the relevant immigration rules which says so?
JB007 wrote:
Sat Jul 23, 2022 11:41 am
I've seen others say they applied for a dependant visa for a baby born in the UK and put that the baby's passport is applied for. Not sure if that works, but they said it did.
In quite a few of your past threads you have mentioned the Immigration Health Surcharge, so I'm surprised you didn't know that you had to pay that for your baby too, especailly as you have said that your baby does not have immmigration status.

You haven't said if you are using NHS England? If you are, I suggest you read the links given above, if you haven't already.

Re: How to time my ILR application considering baby's potential citizenship registration application & upcoming travel?

Posted: Sat Jul 23, 2022 4:37 pm
by anonvtic
JB007 wrote:
Sat Jul 23, 2022 1:18 pm
In quite a few of your past threads you have mentioned the Immigration Health Surcharge, so I'm surprised you didn't know that you had to pay that for your baby too, especially as you have said that your baby does not have immigration status.

You haven't said if you are using NHS England? If you are, I suggest you read the links given above, if you haven't already.
Yes. I am aware of the immigration health surcharge, and yes, the baby is being treated by NHS England. As you may already infer from my detailed explanations in this thread, we had extenuating circumstances that hindered submitting the baby's GTV dependent application until now.

I am still quite eager to apply for baby's GTV dependent visa (and of course paying the IHS as part of that application) at the earliest. However, still not clear if we can do so without obtaining baby's Indian passport.

In your previous post, you had hinted at some instances wherein a few others in this forum had successfully obtained baby's dependent visas before obtaining passport of their parent's nationality. I am interested in exploring this further. Can you please elaborate on this further? Is there an immigration rule that governs this?

Re: How to time my ILR application considering baby's potential citizenship registration application & upcoming travel?

Posted: Sat Jul 23, 2022 6:33 pm
by JB007
anonvtic wrote:
Sat Jul 23, 2022 4:37 pm
Yes. I am aware of the immigration health surcharge, and yes, the baby is being treated by NHS England. As you may already infer from my detailed explanations in this thread, we had extenuating circumstances that hindered submitting the baby's GTV dependent application until now.
Please see the links above for NHS England and perhaps read them.There is an exempt catagories of person section, but I can't see how that helps you as you have had your 3 months, but you need to read this yourself to see if there is anything for you to avoid being billed after 3 months. Also pay attention to the Law in England section, which states that under the charging regulations, the staff do not have an option anymore to waive charges, but please read that too; and the rest of the document. Did I read earlier that you work in reseach for a university?
anonvtic wrote:
Sat Jul 23, 2022 4:37 pm
I am still quite eager to apply for baby's GTV dependent visa (and of course paying the IHS as part of that application) at the earliest. However, still not clear if we can do so without obtaining baby's Indian passport.

And what does the application state about not having a passport yet for a baby born in the UK?
anonvtic wrote:
Sat Jul 23, 2022 4:37 pm
In your previous post, you had hinted at some instances wherein a few others in this forum had successfully obtained baby's dependent visas before obtaining passport of their parent's nationality. I am interested in exploring this further. Can you please elaborate on this further? Is there an immigration rule that governs this?
Asked and answered above and I didn't say that I read it on this forum.

Re: How to time my ILR application considering baby's potential citizenship registration application & upcoming travel?

Posted: Sat Jul 23, 2022 7:18 pm
by JB007
JB007 wrote:
Sat Jul 23, 2022 6:33 pm
anonvtic wrote:
Sat Jul 23, 2022 4:37 pm
I am still quite eager to apply for baby's GTV dependent visa (and of course paying the IHS as part of that application) at the earliest. However, still not clear if we can do so without obtaining baby's Indian passport.

And what does the application state about not having a passport yet for a baby born in the UK?
I have just looked at the Global Talent visa and it says-
Children born in the UK

If you have children while you’re in the UK, they do not automatically become British citizens.

You can apply online for their dependant visa. You must do this if you want to travel in and out of the UK with your child.

You’ll need to provide a full UK birth certificate for each child, showing the names of both parents.
https://www.gov.uk/global-talent/your-p ... d-children


You have your baby's UK birth certificate
anonvtic wrote:
Thu Jul 21, 2022 5:54 pm
My wife is on a UK GTV dependent visa, with initial validity until Sep 2023.
...
We had a baby recently (late March 2022) who was born here in the UK. We have already registered the baby's birth with the registrar of the local UK council, and have their birth certificate.
Because-
All births in England, Wales and Northern Ireland must be registered within 42 days of the child being born.

You should do this at the local register office for the area where the baby was born or at the hospital before the mother leaves. The hospital will tell you if you can register the birth there.All births in England, Wales and Northern Ireland must be registered within 42 days of the child being born.

You should do this at the local register office for the area where the baby was born or at the hospital before the mother leaves. The hospital will tell you if you can register the birth there.All births in England, Wales and Northern Ireland must be registered within 42 days of the child being born.

You should do this at the local register office for the area where the baby was born or at the hospital before the mother leaves. The hospital will tell you if you can register the birth there.
https://www.gov.uk/register-birth

I can't get any further on the application as they want an email address. Did the application ask you for a passport for your baby? And not let you continue if you didn't have a passport for the baby?

Re: How to time my ILR application considering baby's potential citizenship registration application & upcoming travel?

Posted: Mon Jul 25, 2022 2:59 pm
by anonvtic
JB007 wrote:
Sat Jul 23, 2022 7:18 pm
I can't get any further on the application as they want an email address. Did the application ask you for a passport for your baby? And not let you continue if you didn't have a passport for the baby?
Yes. I had tried this, but it comes to a screen asking for an identity or travel document or a UKVI unique reference number (URN), and unable to continue further.

If I switch to ILR before baby's Indian passport arrives, is there a family visa that I can apply for the baby?

Re: How to time my ILR application considering baby's potential citizenship registration application & upcoming travel?

Posted: Mon Jul 25, 2022 4:50 pm
by CR001
Ypu apply for a gtv dependent visa for the child.

Re: How to time my ILR application considering baby's potential citizenship registration application & upcoming travel?

Posted: Mon Jul 25, 2022 7:25 pm
by anonvtic
CR001 wrote:
Mon Jul 25, 2022 4:50 pm
Ypu apply for a gtv dependent visa for the child.
After I have obtained ILR? How is that possible?

My most recent question was what category of immigration permission should I apply for my baby after I have moved onto ILR next month?

Re: How to time my ILR application considering baby's potential citizenship registration application & upcoming travel?

Posted: Mon Jul 25, 2022 7:38 pm
by zimba
Zimba wrote:
Sat Jul 23, 2022 12:13 pm
anonvtic wrote:
Sat Jul 23, 2022 8:45 am
Zimba wrote:
Fri Jul 22, 2022 4:57 pm
If you need to travel with the baby, it is prudent to get a dependent visa for the baby in order to return to the UK. There is no harm in that. MN1 application can take some time.
Agreed that this is the most straightforward route under typical circumstances.

However, the core issues are that:
  • Currently, the baby is unable to submit a GTV dependent application, because Indian passport is not yet issued.
  • By the time baby's Indian passport is expected to be received, the main GTV holder (i.e. me) would have perhaps been issued an ILR, and hence cannot apply for baby's GTV dependent visa afterwards
Your baby is NOT British at birth. So the baby can still get a dependent visa following the mother's route and AFTER you get ILR and when the passport is ready. What is the problem here ??
You have somehow convinced yourself that you cannot do this no matter how many times it has been repeated here that you can :?

Re: How to time my ILR application considering baby's potential citizenship registration application & upcoming travel?

Posted: Mon Jul 25, 2022 9:02 pm
by anonvtic
Zimba wrote:
Mon Jul 25, 2022 7:38 pm
Zimba wrote:
Sat Jul 23, 2022 12:13 pm
Your baby is NOT British at birth. So the baby can still get a dependent visa following the mother's route and AFTER you get ILR and when the passport is ready. What is the problem here ??
You have somehow convinced yourself that you cannot do this no matter how many times it has been repeated here that you can :?
Oh. Apologies. Perhaps I misunderstood the wording due to some self-imagined semantics, although you've tried really hard to help me.

When you said "following the mother's route", I incorrectly assumed that you had somehow wrongly inferred that baby's mother also is a primary GTV visa holder. This self-induced confusion was probably my misunderstanding that you can only follow someone's immigration route as a dependent when that person is a primary/independent visa holder. However, baby's mother herself is a GTV dependent.

Scrolling back, I can see comments from users that contradict what you advise, i.e. they state that baby's GTV dependent visa must be applied before I switch into ILR. For example, the very first response in this thread (originally highlighted in yellow) said, You can apply for a GTV dependant at anytime prior to your ILR confirmation.

Can you please just once and for all confirm that baby can apply for GTV dependent visa even if after I have moved onto ILR? Please also point me to official gov.uk rules that govern this scenario.