Please Confirmation Required - ILE from India

[Singhy]

Dear Members / Mods ,

We have our first baby on his way arriving first week of March. Both of us (mom and dad) are on ILR from the past year with BC due from Mid Feb 2014 onwards.

My wife has travelled to India to be with her parents so that baby will be arriving in India.

After spending hours going through different posts / threads - we now have a clarity on the best possible solution which suits us at this stage (because getting British Passport for the baby from India is a tedeous process i.e. atleast 16 weeks and they ask to submit the original passports of both the parents with the infant's application) -

1. Get Indian Passport for the baby
2. Get the passport stamped with ILE (which in theory is same as ILR) visa. For this I should be filling in the VAF4A and VAF4A2 (appendix) and applying for this visa in India.

Can the mods please confirm that my above understanding is correct ?

I must admit that VAF4A form is complex - given the fact that I will be filling in for an infant where most of the questions would be N/A.

Although my BC was due from Feb 2014 - i have decided to defer it for the moment and probably stay on ILR for another 2-3 years and then apply for BC (along with my child under the "other" category) as there is no time requirement till the baby is 12 years old after which it is for 2 years.

Getting a confirmation from you would be really re-assuring please.

Regards, SinghY

[FaeLLe]

Applying for settlement applications from india will take a LONG TIME!
You are better off forking some extra money and getting a In Person application for ILR for baby from UK.

Assuming you are applying from Mumbai it will take 38 working days or something - http://www.ukba.homeoffice.gov.uk/sitec ... sing-times

[Singhy]

Hi - Thanks for your reply but looks like you got it slightly wrong.

Just to confirm -
Me and my wife are on ILR and my wife has travelled to India to deliver the baby. So the baby would be born in India.

Can you or the mods please confirm on whats the procedure to get the baby back to UK ? What VISA / Passport would be required for the baby ?

What i understood after going through various posts is that I CANT apply for a British Passport for the baby from India becasue -
1. One of the parent should have a British Passport to do so
2. Along with the childs application form - the british embassy asks for the original passports and ILR cards of the parents
3. The wait is for 16 weeks i.e. i wont be having my passport and ILR card for this duraion which is not feasible as i work and wont get that long a holiday.

CAN THE MODS PLEASE COMMENT ON THIS ?

Also - as i understand the other option for me is to get an ILE for the child from India. Can someone please point me in the right direction regarding the documentation required for this ??

Kind Regards, Y

[CR001]

Indian passport and child of settled person visa on VAF4A

1. Get Indian Passport for the baby
2. Get the passport stamped with ILE (which in theory is same as ILR) visa. For this I should be filling in the VAF4A and VAF4A2 (appendix) and applying for this visa in India.

Baby would only be a British Citizen automatically and eligible for British passport directly if born in the UK to parent(s) who are settled (ILR) or British already.

[Singhy]

Indian passport and child of settled person visa on VAF4A

1. Get Indian Passport for the baby
2. Get the passport stamped with ILE (which in theory is same as ILR) visa. For this I should be filling in the VAF4A and VAF4A2 (appendix) and applying for this visa in India.

Baby would only be a British Citizen automatically and eligible for British passport directly if born in the UK to parent(s) who are settled (ILR) or British already.

Dear CR001 ,

Many thanks for commenting on this. I am now persuing the option to get Indian passport for my child @and child of a settled person visa VAF4A).

I was going through the VAF4A form and the relevant pages on UKBA website i.e. http://www.ukba.homeoffice.gov.uk/visas ... /children/ and have 3 specific queries.

Would appreciate if I could please get some input on this ?

QUERY 1 - Here is a snippet from the above UKBA webpage -
You cannot apply in the child category if you are the child of a person who is settled in the UK or has British citizenship if their most recent permission to stay was under tiers 1, 2, or 5 of the points-based system and:

your other parent does not yet qualify for settlement; and
your most recent permission to stay as a dependant under the points-based system (known as a PBS dependant) was granted on or after 9 July 2012.


In my case - me and my wife are both on ILR now (granted Feb 2013) before which I was on Tier 2 and my wife was a dependant i.e. we are now settled in UK and our most recent permission to stay (i.e. the VISA status before getting ILR) was Tier 2.
I am confused now - Can you please confirm whether i can still apply for a settlement VISA for my chid from India ?

QUERY 2 - Below is another snippet from the same UKBA webpage -
If you or one of the child's parents is applying to enter, remain, or has limited leave to remain in the UK as a partner or parent, you must meet the financial requirement. In all other cases you will need to show that you have accommodation where you can all live without help from public funds to bring your child to settle in the UK.

In my case - Since I am applying for my child's settlement VISA as a parent who has an ILR , I am only supposed to show that I have an accomodation suitable for all of us without help from public fund.
Can you please confirm?

QUERY 3 - As far as I understand , along with the VISA form VAF4a , i am supposed to fill in appendix VAF4a1 because this appendix is relevant for childs of settled parents which me and my wife are (ILR).

Regards, Y

[FaeLLe]

UKBA has been introducing a lot of similar terms under various forms.

Even british citizens cannot apply for spouse dependent visa's if their most recent permission to stay before becoming BC was Tier 2.
Their spouse's would need to apply as Tier 2 Dependent even if their spouse is a british citizen now.

[CR001]

UKBA has been introducing a lot of similar terms under various forms.

Even british citizens cannot apply for spouse dependent visa's if their most recent permission to stay before becoming BC was Tier 2.
Their spouse's would need to apply as Tier 2 Dependent even if their spouse is a british citizen now.

@FaeLLE - You are incorrect. If the spouse or child has an expired PBS visa while abroad or never had a PBS visa, then they would apply for entry clearance as spouse/child of settled person on VAF4A.

Singhy, as your child is not even born and would not have held a PBS visa before, you have to apply for child of settled person as you and your wife have ILR.

I am not sure about the financial requirement though for child applications, perhaps a moderator can advise, but yes, it does seem to mean that you need to prove adequate accommodation.

[Amber]

Applications for ILE for children under 18 where both parents have ILR or one has sole responsibility, are not subject to a financial requirement, rather adequate maintenance and accommodation. A 5 year undertaking will likely also be required.

[Singhy]

Applications for ILE for children under 18 where both parents have ILR or one has sole responsibility, are not subject to a financial requirement, rather adequate maintenance and accommodation. A 5 year undertaking will likely also be required.

Applications for ILE for children under 18 where both parents have ILR or one has sole responsibility, are not subject to a financial requirement, rather adequate maintenance and accommodation. A 5 year undertaking will likely also be required.

Many thanks Amber for confirming the same.

I am fairly clear on what process / forms and steps need to be taken to get the ILR visa for my kid.

Would be extremely helpful if you can confirm that in my scenario (i.e. me and my wife on ILR and applying for ILR for the baby from India ) -
1. Along with the VAF4a i will be required to fill in Appendix 1? Please confirm.
2. In VAF4a form - Secton 8.1 asks : Are you (as in the baby) exempt from the english language requirement. In my situation i.e. for the baby who is couple of weeks old , i believe i need to answer YES and not NO. Can you please confirm?

Regards, Y

[FaeLLe]

UKBA has been introducing a lot of similar terms under various forms.

Even british citizens cannot apply for spouse dependent visa's if their most recent permission to stay before becoming BC was Tier 2.
Their spouse's would need to apply as Tier 2 Dependent even if their spouse is a british citizen now.

@FaeLLE - You are incorrect. If the spouse or child has an expired PBS visa while abroad or never had a PBS visa, then they would apply for entry clearance as spouse/child of settled person on VAF4A.

CR001 then what does the below statement on UKBA website mean?

Source: http://www.ukba.homeoffice.gov.uk/visas ... ependants/

If you are now settled or have British citizenship and your most recent permission to stay was under Tier 2, your family members must apply as the dependants of a Tier 2 migrant if they do not yet qualify for settlement.

[CR001]

CR001 then what does the below statement on UKBA website mean?

Source: http://www.ukba.homeoffice.gov.uk/visas ... ependants/

If you are now settled or have British citizenship and your most recent permission to stay was under Tier 2, your family members must apply as the dependants of a Tier 2 migrant if they do not yet qualify for settlement.

It refers to dependents who have PBS dependent visas and been in the UK but have not met the relevant requirements for settlement, for example on been in UK as dependent for 18 months instead of 2 years, so an extension first before ILR application.

It is not referring to new entry clearance applications post ILR approval of parents.