Query regarding child visa

[srihopes17]

My husband is on Tier 1 General and I am on Tier 1 General Partner staying in UK and we are due for our ILR this Feb 2016. Our daughter was born in Sep 2014 and now with her grand parents in India, she has a Tier 1 General Dependent visa valid until Nov 2017.

We are planning to apply for our ILR next month but not sure if my daughter's visa will be affected by any means. We are planning to bring her back in mid of 2016, So want to know if she will be allowed inside on Tier 1 General Dependent visa or should we apply for her extension as ILR dependent or something?

Thank you
Srividhya

[CR001]

No effect on the visa if you/spouse are applying for ILR based on Tier 1 G with 5 years residence, the childs visa will continue and remain valid.

If the child was born in the UK, the child does not need ILR if you plan to apply to register the child as a British citizen.

If you do not wan to apply for British citizen or if the child was born abroad, the child can apply for ILR on form Set(F)

[vinny]

Where was she born?
Is your husband applying for SET(O) under Tier 1 (General)?

[srihopes17]

She was born in UK Sep 2014. Yes my husband is applying on SET(O) form.

[CR001]

Child's visa will remain valid.

What is the families ultimate goal? Remain on ILR or apply for British Citizenship?

[srihopes17]

apply for british citizenship

[CR001]

You can then skip ILR for the child completely and apply for British citizenship under section 1(3) of the nationality act which is an entitlement to register due to child being born in the UK. You can do this as soon as you/spouse receive your ILR and BRP cards.

Also easier to do once the child is back in the UK as the child will have to submit biometrics for the citizenship application.

[srihopes17]

Thanks a lot for the reply.