Newborn born outside UK, main applicant switched from Healthcare worker visa to ILR a year ago

[Echow]

Hi experts,

I'm Malaysian and switched from tier 2 healthcare visa to ILR about a year ago. My wife hold tier 2 dependent visa. My wife has decide to give birth to our son in Malysia. We are now in Malaysia and planning to bring our newborn back to Malaysia in a month.

Question:
1. Can I apply Tier 2 dependent visa for our newborn in Malaysia? we will have to use priority service.
2. If not, can I apply family visa for him once we are back in UK? (Malaysian doesn't need visa to visit Malaysia for up to 6 months). Priority service for family visa outside of uk takes up to 30 days, so we wont be able to make it in time.

Please kindly advise. Very much appreciated.

[CR001]

1. Yes

3. No, you can't do that. Your child's need the correct visa BEFORE coming to the uk.

[Echow]

Hi,

Thanks a lot for your response.

So when I apply for Tier 2 dependent visa for my newborn, do I have to provide my previous tier 2 visa details (CoS, BRP number, expiry date etc)? Or will the system recognize that I'm now on ILR and bypass all that? Thanks.

Regards

[CR001]

You need tonprivide any information the form asks for. I don't have sight of every online form.

[Echow]

Hi,

Thanks a lot for your response. I have tried to look up for information on their website but it's really confusing. If I would then need to apply ILR for my newborn, does he need to stay in UK for 5 years as tier 2 dependent before he could apply for ILR or could we just convert his visa to ILR after 1 year of tier 2 dependent?

My wife will be applying for her ILR as well end of the year.

Really appreciate your help.

[CR001]

Child applies for ilr when your wife does.

There is no minimum 5 years for children.

Expensive decision to have child abroad. Child would have been automatically British if born in the uk to a parent who had ILR.

[Echow]

Hi,

Thanks a lot. So am I able to apply for just 1 year of tier 2 dependent visa for my newborn or it's an automatic 3 years? I read on other threads that extending tier 2 depedent will be 3 years regardless. How about new application?

My wife had quite difficult time after our first child born in UK. That's why we have decide for her to have our 2nd one in Malaysia where she gets support from family etc. It's expensive but I wouldn't want her to go through the same thing again.

[meself2]

So am I able to apply for just 1 year of tier 2 dependent visa for my newborn or it's an automatic 3 years? I read on other threads that extending tier 2 depedent will be 3 years regardless. How about new application?

Neither of those two; you can't choose. Your child's visa validity will be the same as your wife's.

[Echow]

Hi,

Thanks for the info. I'm a bit confused.

I was on Tier 2 visa then switched to ILR a year ago. My wife is currently on dependent tier 2 visa and will expire in Feb 2025. She will then apply for ILR.

So does that mean my newborn can only apply for tier 2 visa until Feb 2025? Kindly advise. Thanks.

[vinny]

Yes.

SW 36.2.

A child will be granted permission which ends on the same date as whichever of their parents’ permission ends first, unless both parents have (or are being granted) settlement or British Citizenship, in which case the child will be granted permission for 3 years.

Mother may include child when applying for ILR.