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Child not in UK but Parents applying for ILR

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vikramrajpal
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Posts: 30
Joined: Sun Jun 10, 2012 12:41 pm

Child not in UK but Parents applying for ILR

Post by vikramrajpal » Sun Jun 10, 2012 1:10 pm

Hi,

Context: I entered UK as a WP holder in Apr'07, got married in Nov'08. My wife joined me in the UK as dependent on WP in Dec'08. Meanwhile my WP got converted to Tier 2 ICT in Apr'09. Our daughter was born in the UK in Jun'10. I got another extension on my Tier 2 ICT in Apr'11. My wife and our daughter are Tier 2 ICT dependents and their VISA along with mine expires in Apr'13.

In summary I've completed 5 yrs in UK this Apr'12. My wife is still in UK but my daughter is back in India. We plan to apply for our ILR now and later once our daughter is back, we'll apply for her citizenship directly.

Four questions:

1. Can my wife and I apply for an ILR while my child is not in the UK? I think so but if somebody could confirm...

2. Assuming we get an ILR successfully in June - have applied for a PEO in Solihull on 29th June. We plan to bring our daughter back in Aug'12. Will she be allowed to travel on the same VISA, i.e., Tier 2 Dependent?

3. If not, then should I be required to file her citizenship from India and only then she could travel?

4. If yes, do we need to apply her citizenship before her Tier 2 dependent VISA expires in Apr'13?

Many thanks,

Kind regards
Vikram
Last edited by vikramrajpal on Sun Jun 10, 2012 1:16 pm, edited 1 time in total.

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Re: Child not in UK but Parents applying for ILR

Post by geriatrix » Sun Jun 10, 2012 1:13 pm

vikramrajpal wrote:Our daughter was born in Jun'10.
Where? And how long does she intend to stay overseas?
Life isn't fair, but you can be!

vikramrajpal
Newbie
Posts: 30
Joined: Sun Jun 10, 2012 12:41 pm

Post by vikramrajpal » Sun Jun 10, 2012 1:18 pm

Thanks for the quick reply.

She was born in UK in Jun'10 (edited my post as well). She has been in India since Mar'12 and we'll get her back in Aug'12 so roughly 6 months out of UK.

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Sun Jun 10, 2012 1:33 pm

1. Yes.
2. She may be refused entry under 321A(1).
3. No. Given that she intends to return by August, she won't have enough time to get the necessary procedures (registration and passport) completed. Assuming you'll be granted settled status before she returns to UK, she may apply for entry clearance as child of a settled person.
4. No.

With reference to 3 above, if she delays her return for about 6 months or more, then you will have enough time to be able to apply for her registration as a British citizen and British passport from India.
Life isn't fair, but you can be!

vikramrajpal
Newbie
Posts: 30
Joined: Sun Jun 10, 2012 12:41 pm

Post by vikramrajpal » Sun Jun 10, 2012 2:15 pm

Thanks again. I could gather from your reply that I have three options:

1. Assuming our ILR application is successful -
To extend my daughter's stay for 6 months or more, get her citizenship, British passport from India, and then bring her back.

2.Assuming our ILR application is successful -
To be sure that my child will be allowed entry to UK, I should apply her entry clearance as "Child of a Settled Person". Upon successful application bring her back to UK and then apply for a British Citizenship / British Passport for her later.

3. First get my daughter back to UK, then my wife and I apply for an ILR (excluding my child from ILR application), upon successful application, apply for my daughter's citizenship directly before her Tier 2 Dependent VISA expires in Apr'13.

My preferred option is 3 because bringing my daughter back to UK is a priority for us and it'll be a simpler process. Please could you let me know whether Option 3 is best advisable?

Many thanks in advance...

geriatrix
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Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Sun Jun 10, 2012 6:32 pm

Yes, least expensive and most convenient.
Life isn't fair, but you can be!

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