pathway to child born outside UK when one parent is on ILR and other on PBS dependant

[vnms23]

Hi,

Currently I'm on ILR since Oct 2019 (obtained via 5 year tier-2 general route) and my spouse was on PBS-dependant at the time I went on obtaining the ILR. Later she extended her visa in the same PBS-dependant category in a view to obtain ILR in future. (she did not switch to family visa at that time, as doing such would reset her 5 year period to obtain ILR). We have a child now who was born outside the UK.

So summarizing the above the current statuses are I'm on ILR in UK and my wife on PBS-dependant which is due to expire in next 4 months and both child and wife are in India.

Now to sponsor my child and bring her to UK.

Queries:
1) which pathway do I need to go for applying visa to my child, can she come to UK as PBS-Dependant because my wife current visa category is also PBS-dependant?

2) Do they both need to apply in family visa route (wife apply as spouse and child apply as child)?

Anyone please advise.

[CR001]

1) which pathway do I need to go for applying visa to my child, can she come to UK as PBS-Dependant because my wife current visa category is also PBS-dependant?

PBS dependent visa yes. Child's visa will expire the same time as the mothers visa. Child can apply for ILR when wife does

2) Do they both need to apply in family visa route (wife apply as spouse and child apply as child)?

No. PBS dependent for child to retain period for ILR for wife, assuming your wife has not been absent from the uk form 180 days or more.

Had the child been born in the uk, the child would have veen British automatically and you could have saved a lot of money.

[vnms23]

Hi Thanks a lot your reply.

Instead of applying for child on PBS dependant category, Can't my wife switch to Family Spouse visa (apply as spouse) and at the same time apply for a Family Child visa for child (apply as child).?

Because if we apply for child in PBS-dependant category the child would get only 4 months of leave as my wife visa would expire in next 4 months and they both have to go for extension after 4 months.

Also my wife has been is in India since Sep 2020 (2yrs 4 months) because of health complications (miscarriage and high risk pregnancy) so she's been absent from UK for more than 180 days. So I think there's no benefit for her staying on PBS Dependant category.

Please advise

[CR001]

Yes, they can both apply for spouse and child settlement visas. It will be a new 5 year route (2 x 2.5 year visas) before they can apply for ILR.

[vnms23]

Thanks for the quick reply.

Would that be
Appendix FM partner (for spouse) and

Appendix FM Child (for child)

Is that correct?

Could you please advise for the child visa do we need to submit any other forms like Appendix 2 of VAF4A?

[CR001]

Correct yes, 2 separate forms, one for each applicant.

No re appendix 2 form. All the financial information is put in the online form.

[vnms23]

Hi, Thanks a lot.

There was lots of confusion on which path and forms, now it's all clear for me. Appreciate your time and help.

Thanks

[CR001]

She needs to meet the English A1 minimum requirement for a spouse visa.

You also have to meet the financial requirement of £22,400pa and only your income can be used for applications from abroad and have adequate accommodation.

[vnms23]

ok got it, Thanks again for your help