URGENT HELP: Graduate Dependent Visa for baby born in UK

[RGill]

Hi. I am an Indian, and I came to UK on student visa in Sep 2022, and my husband joined me as dependent in Jan 2023. I had my baby in UK in June 23.
I was in Scotland, and husband worked in London. I was moving quite a lot after my studies completion. Due to constant change of addresses, I did not apply for baby’s passport, because I wanted to have a set place before making the application from the right consulate.
Now i am in a tricky situation. Our visa expires in January 2024. I want to apply graduate visa asap. But I have to first register baby birth with Indian consulate (which i have recently applied for). And then only can apply for passport.
It is already Dec 10, and our visas expire on Jan 22, 2024. I want to apply for the graduate route at the earliest, but I do not have baby passport ready.

Is there any provision to add him to the graduate visa later? I do not think so.
Or is there any way to start our graduate visa application without his passport (after applying for passport, but before receiving it)?

Time is of essence here. I want advice on how can i make this process quicker. Thanks.

[GBkhatri]

You cannot add a baby during PSW unless the baby is born during that period. That is correct. How long does it take for you to get your baby's passport? There must be some sort of fast track service available by paying a higher fee. I am not sure whether your child needs to apply first for the student dependent visa and then to then to PSW dependent visa, or he/she can apply directly for the graduate dependent visa?

If your visa expires on Jan 10, then you have until Jan 9th to put in visa application for PSW. Will you not get your child's passport by then?

[RGill]

Hi. Thanks for replying.
Yes i have till Jan 22nd. I am hopeful the passport will be done by then.
I am looking to get the graduate visa done also asap, because I have some travel plans for February.

But my primary and main concern is definitely applying for the visa in time.

I read in some places that since the baby was born in UK, and my partner is already my dependent on student visa, so I can apply for them after I have received my graduate visa. Is that correct?
Thanks.

[GBkhatri]

Hello,

You can only add a child during PSW IF ONLY the child was born during PSW. Otherwise, there are no other exceptions. But I am not a solicitor and I cannot be 100% sure. As far as I know, you would not be able to add your kid during PSW.

[RGill]

Hi,

Thank you for the response, but if the child was born in UK during my studies, they can be added. Uk.gov mentions so.
I’ll try to keep you guys posted on what happens.

[sah10406]

You can only add a child during PSW IF ONLY the child was born during PSW. Otherwise, there are no other exceptions. But I am not a solicitor and I cannot be 100% sure. As far as I know, you would not be able to add your kid during PSW.

Where are you getting this information from? It is completely wrong, the opposite of what the immigration rules say.

See Appendix Graduate, paragraph GR 9.4(c) about Graduate dependants.

GR 9.4. The applicant must be in the UK on the date of application and must:
[...]
(c) be a child born in the UK during the last grant of Student permission of a Student and that Student is applying for, or has now been granted, permission to stay in the Graduate route.

[sah10406]

Thank you for the response, but if the child was born in UK during my studies, they can be added. Uk.gov mentions so.

Exactly. The above advice is wrong. See my separate post quoting the immigration rules.

[GBkhatri]

My aplogogies. Looks like I was completely in the dark about this.

You can only add a child during PSW IF ONLY the child was born during PSW. Otherwise, there are no other exceptions. But I am not a solicitor and I cannot be 100% sure. As far as I know, you would not be able to add your kid during PSW.

Where are you getting this information from? It is completely wrong, the opposite of what the immigration rules say.

See Appendix Graduate, paragraph GR 9.4(c) about Graduate dependants.

GR 9.4. The applicant must be in the UK on the date of application and must:
[...]
(c) be a child born in the UK during the last grant of Student permission of a Student and that Student is applying for, or has now been granted, permission to stay in the Graduate route.

[SshoaibAali]

Hi I’m also having the same concern and my visa also expires on the same date. My question is should I enter the details of the child in the main application where it asks “is your partner applying with and is your child applying with you”. As I didn’t receive the passport of the baby yet so should I enter the answer as Yes or No for the question “is your child applying with you”. If I give yes it asks for passport details and stuff. I’m really confused. Can anyone help me with this please. Thank you

[sah10406]

As I didn’t receive the passport of the baby yet so should I enter the answer as Yes or No for the question “is your child applying with you”.

It appears to be asking if the child is included in this specific application, not asking if the child is ever going to apply in the future.

If you are concerned about saying No, you can add a note in a free text field saying the child will apply later when it gets its passport.

[sah10406]

If your visa expires on Jan 10, then you have until Jan 9th to put in visa application for PSW.

This is also wrong. The deadline is 10 January itself.

With respect, you could easily confuse and panic people with this wrong information you are posting. A good rule of thumb is to only post advice that you can cite in the immigration rules or guidance for people to read for themselves.

[RGill]

Thank you for the response, but if the child was born in UK during my studies, they can be added. Uk.gov mentions so.

Exactly. The above advice is wrong. See my separate post quoting the immigration rules.

Thank you for confirming my knowledge. Your responses are really helpful.


Application Update: Husband applied for birth certificate of baby at VFS on 11th Jan. Should get it in about 7-10 days. I did not know we could apply passport and certificate together. They lady at the VFS office told this only after processing all the documents, and said now you can’t do anything until you receive the birth certificate.

I am wondering if it is okay for me to apply for myself (and maybe my husband too) for now, and then apply for baby after getting his passport. The cost of graduate visa is going up on 16th January, and the processing time will also increase the more I delay in application.
If someone can guide, it will be very helpful.

[sah10406]

I am wondering if it is okay for me to apply for myself (and maybe my husband too) for now, and then apply for baby after getting his passport.

I already recommended this in my reply on Tue Dec 12, 2023 9:44 am.

If you are concerned about saying No, you can add a note in a free text field saying the child will apply later when it gets its passport.

[RGill]

I already recommended this in my reply on Tue Dec 12, 2023 9:44 am.

Thank you.

[ZahM]

Hi Guys,

I also need an urgent help or guidance. I am also in a very tricky situation. We are on a graduate visa. My son born last year in UK, he has his UK birth certificate and passport. In an emergency we travelled back home without applying his visa. We thought we can apply his visa from outside UK. Now, when we are trying to file his visa from outside we are not getting option to apply his visa from outside. We were totally unaware that we cannot apply from outside UK. It is a total blunder from our side we never thought we will stuck in this situation. Does someone came across this kind of situation?? We are very much worried and not sure what we have to do. Any help or guidance is much appreciated. Thanks a ton in advance for your kind support

[vinny]

Actually, there are rules that allow a UK born child to apply for an entry clearance or leave to remain in-line with parents. But there seems to be no obvious application paths for them. Make enquires or complaints.

Ask your MP for help.

Also try emailing FamilyOpsPolicy@homeoffice.gov.uk to clarify their policy.

Do let us know the results.

[ZahM]

Thank you so much Vinny, for your prompt response. Let me contact them and I will provide an update on this. Thank you so much again

[ZahM]

I have sent an email to my local MP, no luck either. Today, he just says as a MP it is out of my remit to provide constituents with immigration advice. He also says, while filling form it says are you currently in the UK refers to you not child I am pretty sure that will not work as my child is not in UK. I explained my situation, he sent me the details what is available on gov.uk later he came up with this answerIt is quite frustrating

[ZahM]

Actually, there are rules that allow a UK born child to apply for an entry clearance or leave to remain in-line with parents. But there seems to be no obvious application paths for them. Make enquires or complaints.

Ask your MP for help.

Also try emailing FamilyOpsPolicy@homeoffice.gov.uk to clarify their policy.

Do let us know the results.

Thank you so much for your prompt response to my query. I have sent an email to my local MP, no luck either. Today, he just says as a MP it is out of my remit to provide constituents with immigration advice. He also says, while filling form it says are you currently in the UK refers to you not child. He ask me to fill the form on my child's behalf and provide him the details. I am very much concerned loosing my fees, after paying all the fees I have to book an appointment for my child to take a picture. Not sure that work as my child is not in UK. I explained my situation, he sent me the details what is available on gov.uk later he came up with this answerIt is quite frustrating