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Tourist visa for a newborn (instead of Tier 1 dependent)

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yallow
Junior Member
Posts: 71
Joined: Fri Apr 15, 2011 12:11 pm

Tourist visa for a newborn (instead of Tier 1 dependent)

Post by yallow » Tue May 10, 2011 5:25 pm

Hi,

I am here on Tier 1 General visa. I have a newborn baby here (1 month old). Am I obliged to get him a Tier 1 dependent or can I just get him a tourist visa until I get my ILR and he gets his British passport (registration of minors)?

Thanks!

terriblescream
Senior Member
Posts: 557
Joined: Sat Mar 12, 2011 11:13 pm
Location: London
Pakistan

Re: Tourist visa for a newborn (instead of Tier 1 dependent)

Post by terriblescream » Tue May 10, 2011 5:43 pm

yallow wrote:Hi,

I am here on Tier 1 General visa. I have a newborn baby here (1 month old). Am I obliged to get him a Tier 1 dependent or can I just get him a tourist visa until I get my ILR and he gets his British passport (registration of minors)?

Thanks!
You don't need any kind of visa of newborn if the baby is not travelling!

But if you want your baby to travel outside Uk before you get your ILR den you will have to apply leave to remain as a dependant of yourself!

geriatrix
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Location: does it matter?
United Kingdom

Post by geriatrix » Tue May 10, 2011 5:45 pm

1. Where is your spouse? Does your spouse have dependant leave?
2. A child born abroad is not entitled to registration as a British citizen after either parent is granted ILR / settled status. Registration of child born abroad is subject to discretion and such application cannot be made before either parent applies for naturalisation.
Life isn't fair, but you can be!

yallow
Junior Member
Posts: 71
Joined: Fri Apr 15, 2011 12:11 pm

Post by yallow » Tue May 10, 2011 6:00 pm

She is here. Baby was born in London.
The baby will be travelling but will stay most of the time here.

1.5 years till ILR.

Can he stay here on a tourist visa for those 1.5 years ?

yallow
Junior Member
Posts: 71
Joined: Fri Apr 15, 2011 12:11 pm

Re: Tourist visa for a newborn (instead of Tier 1 dependent)

Post by yallow » Tue May 10, 2011 6:03 pm

terriblescream wrote:you will have to apply leave to remain as a dependant of yourself!
Are you sure I have to? When does it come from?

terriblescream
Senior Member
Posts: 557
Joined: Sat Mar 12, 2011 11:13 pm
Location: London
Pakistan

Post by terriblescream » Tue May 10, 2011 6:04 pm

yallow wrote:She is here. Baby was born in London.
The baby will be travelling but will stay most of the time here.

1.5 years till ILR.

Can he stay here on a tourist visa for those 1.5 years ?
Don't think there is any provision to grant tourist visa within country, you can apply from abroad but as you know visit visa is 6months stay only and exit the country even if the visa is valid longer..

Why not apply dependant ? you dont need much funds

yallow
Junior Member
Posts: 71
Joined: Fri Apr 15, 2011 12:11 pm

Post by yallow » Tue May 10, 2011 6:11 pm

terriblescream wrote: Don't think there is any provision to grant tourist visa within country, you can apply from abroad but as you know visit visa is 6months stay only and exit the country even if the visa is valid longer..

Why not apply dependent ? you dont need much funds
850 pounds is "much" for us. We have to apply in person as our case in not very straightforward.

We can leave the country and apply abroad. After those 6 months we can get a new one abroad for 6 months right?

geriatrix
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Location: does it matter?
United Kingdom

Post by geriatrix » Tue May 10, 2011 6:20 pm

1. A UK-born child doesn't require leave to remain in the UK.
2. Tourist visa cannot be applied for from within UK.
3. If both parents have leave as PBS migrants, it is (highly) unlikely that a child's application for tourist visa (from abroad) will be successful.
4. See also Children born in the United Kingdom who are not British citizens (304-309).
Life isn't fair, but you can be!

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Tue May 10, 2011 7:22 pm

yallow wrote:
terriblescream wrote: Don't think there is any provision to grant tourist visa within country, you can apply from abroad but as you know visit visa is 6months stay only and exit the country even if the visa is valid longer..

Why not apply dependent ? you dont need much funds
850 pounds is "much" for us. We have to apply in person as our case in not very straightforward.

We can leave the country and apply abroad. After those 6 months we can get a new one abroad for 6 months right?[/quote

If your case is not straightforward then you should not be applying in person as they cannot process non-straightforward applications at the PEO. Why do you think your child's application would not be straightforward?

Someone on a tourist visa is not usually permitted to be in the Uk for more than 6 months in any 12 month period, so if you managed to get a tourist visa for your child, and then tried to get another one from abroad 6 months later it would be likely to be refused.

If your child is going to be in the UK with you for 1.5 years whilst you are working he is not here as a tourist, he is here as your dependent. You are unlikely to be successful in getting a tourist visa for him as you have already been advised.

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