New born and vis application (responsbility)

[Alijaved786]

I have submitted the skilled worker-dependant visa application for my daughter, and I have shown myself and my wife both responsible for the baby care. I have permission to stay in the UK till 28/04/2027 whereas my wife (mother of baby) has permission till 10/07/2026. I will be eligible for ILR by May 2026 whereas my wife will be eligible for ILR by August 2027.

My plan is to extend my wife's visa by 1 year in 2026 so she can be eligible for ILR. I have received an email from the Home Office that mentioned "Please confirm that your mother will be making an application to extend her leave in the UK. Please provide their UAN number so we can process their application. If your father has sole responsibility for your care, please provide supporting evidence of this.".

If I declare myself as the sole responsible for the baby, will it be a sensible decision, and what document I would require? If I submit my wife's visa application now, it will be valid till 28/04/2027 (she will be not eligible for ILR) and it will cost me a lot.

Please suggest the solution and best economical way to move forward. I am thinking to answer to Home Office that, mother will apply for extender her visa application by the end of 2026.

Thanks

[vinny]

I doubt that they will accept that you will have sole responsibility over the child.

However, if child was born in the UK, then s/he will be entitled to register for British citizenship immediately after you are granted ILR, without requiring her/him to apply for any permission to stay. However, do get adequate health insurance cover for child.

Else, if child was not born in the UK, then child should extend with mother.

I don’t think that wife may extend for only one year. After you succeed in getting ILR, SW 36.1(b) will extend her permission 3 years.

[Alijaved786]

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[Alijaved786]

I doubt that they will accept that you will have sole responsibility over the child.

However, if child was born in the UK, then s/he will be entitled to register for British citizenship immediately after you are granted ILR, without requiring her/him to apply for any permission to stay. However, do get adequate health insurance cover for child.

Else, if child was not born in the UK, then child should extend with mother.

I don’t think that wife may extend for only one year. After you succeed in getting ILR, SW 36.1(b) will extend her permission 3 years.

Thank you for the explanation.

I will be eligible for ILR in May 2026, I will mention to Home office that wife (mother of baby) will apply for her extension of visa closer to visa expiry which is July 2026. In this case, the baby will be granted a visa till July 2026. I will apply for ILR with an urgent fee in May 2026 and will apply for baby British Citizenship straightaway before her visa gets expires in July 2026. Legally, the application needs to be made before the visa expiry date only (not a decision should be done before visa expiry), correct?

Regarding the extension of wife stay for 3 years, do I need to pay again IHS for 3 years (£1035 x 3). I have already paid her IHS for 4 years so I believe I will get a refund for 1 year or 2 years as the home office will refund IHS payment if exceeds 6 years. Please suggest.

[vinny]

Where was your baby born?

[Alijaved786]

Where was your baby born?

She is born in UK while father is on skilled worker visa with mother on skilled worker dependant (sorry, I should have mentioned it earlier)

[CR001]

I will be eligible for ILR in May 2026, I will mention to Home office that wife (mother of baby) will apply for her extension of visa closer to visa expiry which is July 2026. In this case, the baby will be granted a visa till July 2026. I will apply for ILR with an urgent fee in May 2026 and will apply for baby British Citizenship straightaway before her visa gets expires in July 2026. Legally, the application needs to be made before the visa expiry date only (not a decision should be done before visa expiry), correct?

A UK born child has an entitlement to register as British once either parent is granted ILR. They do NOT need a valid visa to apply for citizenship either. Applying for citizenship before visa expiring is completely irrelevant as citizenship is NOT an immigration application and therefore section 3C does not apply, ie visa conditions continue if visa expires.

Regarding the extension of wife stay for 3 years, do I need to pay again IHS for 3 years (£1035 x 3). I have already paid her IHS for 4 years so I believe I will get a refund for 1 year or 2 years as the home office will refund IHS payment if exceeds 6 years. Please suggest.

You don't get a refund if applying for ILR. For an extension for your spouse, it is a 3 year extension and you have to pay the appropriate fees. There is also no 'exceeds 6 years' rule for dependents. Not sure where you get this idea from.

[vinny]

They don’t refund IHS when applying for ILR.