Tier 1 (General) baby's dependant visa extension

riay · Post by **riay** » Mon Jun 18, 2012 4:24 pm

Hi,
In June 2009, Me & My wife (while both were in UK) had applied for Tier-1(General) visa and got it for 3 years. i.e. its going to expire in July 2012.
In MAY 2010, we had our first baby born in UK.
In Nov 2010, I applied for my baby's dependant visa which i got in Dec 2010. I did this bcz we (as full family) want to visit our home country & then come back in. For which i have to have baby's dependant visa done.

Now my question is
- do my baby (who was born in UK) need to apply for dependant's visa extension as well (alongwith me & my wife) or not. We donot intend to leave UK for anywhere during next 2 years. And at the time of ILR, i will apply for the whole family.

Post by **geriatrix** » Mon Jun 18, 2012 4:53 pm

The child is now under immigration control and will become an overstayer if you do not include him in your extension application.

That said, he becoming an overstayer and/or not including the child in the extension and/or settlement is not an issue if you are certain of success of your extension and then settlement applications. But, if you are, for any reason, uncertain about the success of your applications, then include the child so that he may have same appeal rights as you, if you are refused.

riay · Post by **riay** » Mon Jun 18, 2012 5:12 pm

Thanks for your quick response.
From your 1st line, it is obvious that HE (my baby) will be an overstayer if we don't apply for an extension for him now.

Also I am confident that my Tier-1 (General) visa extension application will be successful, so it appears its not an issue (from what you have said) to include my baby in this extension application.

But will the HOME OFFICE raise a question at the time of ILR application (where i will include full family) that why he is an overstayer and why we didn't apply for his extension.
Will this be an issue later?

Post by **geriatrix** » Mon Jun 18, 2012 5:32 pm

riay wrote:But will the HOME OFFICE raise a question at the time of ILR application (where i will include full family) that why he is an overstayer and why we didn't apply for his extension.
Will this be an issue later?

No they can't, because a UK-born-child does not need a leave to remain in the UK, even though technically he may be an overstayer.

riay · Post by **riay** » Mon Jun 18, 2012 5:34 pm

sorry for slight mistake of wording in last post.
Please change the sentence "to include my baby in this extension" with following sentence "to exclude my baby in this extension"

Post by **geriatrix** » Mon Jun 18, 2012 5:38 pm

Response remains the same.
If you are certain of your applications' success and the child will not be travelling until you are granted settlement, the UK-born-child doesn't need to be included in any application.

riay · Post by **riay** » Tue Jun 19, 2012 10:22 am

Thanks for your help & support.
I would highly appreciate your efforts in answering my query if you could provide some UKBA documentation's reference (links) to your reply.

Please don't take it -ve, i do trust your opinion & answers but just wanna play on safe side.
Once again, thanks alot for all your help.

Post by **geriatrix** » Tue Jun 19, 2012 10:40 am

Unfortunately, the answers to your queries are not contained in official UKBA document(s) so I cannot point you to it (them).

Or if there is (are) any, I am yet to become aware of it (them).

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Tier 1 (General) baby's dependant visa extension

Tier 1 (General) baby's dependant visa extension