ILR application and baby's arrival

Pkj · Post by **Pkj** » Sun Nov 25, 2012 10:00 am

Hello all

I've done my best to search for a similar question before posting. Hopefully, I did enough.

I got HSMP visa in Aug, 2008. My wife got a dependant visa and we have been together in UK since we arrived here, except for few holidays. Our visa became valid on 15th aug, 2008 and we entered UK on 16th aug, 2008, the very next day. After 2 years of being here, extension was granted and I got Tier 1 general visa in 2010. visas for both of us expire on 14th august, 2013. By rules around 18th July, 2013 I should be eligible to apply for ILR. As far as I can see there are no eligibility difficulties in my application.

My question is a little different.

In first week of June 2013 we are expecting our baby’s arrival. We are wondering if delivery of our child could be done in India. Nothing against NHS but coming from a family of doctors we will be more comfortable doing this back home. For this, my wife will have to leave the UK in February end or at the most early march, 2013. after the delivery it will probably take about 6-8 weeks (recovery period, baby’s passport & visa) before I can get my wife and my baby back to the UK. Their return date is likely to be in Mid-late July, 2013 which is VERY close to the ILR application date.

My dilemma:

1. First approach I could think of –
a. I get my wife to take life in UK test before she leaves in Feb, 2013.
b. I get my babys passport made & apply for Tier 1 dependant visa for baby from India and get them to join me in UK sometime in July, 2013.
c. As soon as they arrive, I apply for ILR when both of them are with me in UK.

My doubts on this approach is that my visa will have a month’s validity when I apply for my kid’s dependant visa in India. Not sure if that application will go through. Even if we manage to get it, there may be admin delays and my application for ILR will starts getting delayed at the other end. There will be additional cost too but it's less of a worry.

2. Second approach – Once baby’s passport arrives i.e early July, I apply for ILR for all of us while my wife and the baby are still in India. Is it possible to include them in my ILR application when I am here and both of them are still in India? My wife would have taken life in UK test before leaving UK.

3. My wife will be out of the UK for about 4.5-5 months at a stretch. In my ILR application, will it affect her application as my dependant? As mentioned earlier, until the period when she leaves in Feburary, we have been together except for 3-4 week holiday periods.

I am very confused about how to approach. And that’s why im planning this so ahead of time. My aim will be to take the approach where ILR application doesn’t get jeopardised for all three of us, at the same time ensuring we are comfortable. Of course third option is to stay together here which is emotionally more desirable to us as a couple and also with the baby. we are aware that it will make visa straight forward for the baby.

But we do want to explore all medical options and logistic feasibility. Your inputs will be highly appreciated.

Thanks in advance.

Post by **geriatrix** » Sun Nov 25, 2012 5:29 pm

1. Doable.
2. Not possible to include someone in a leave to remain application who is not physically present in the UK.
3. Q12.

wpilr_nov12 · Post by **wpilr_nov12** » Sun Nov 25, 2012 11:22 pm

Separately, if your child was born in UK, Registration as a British citizen and subsequent Uk passport, both after your ILR, would be a more straightforward process. This would be my preference to the alternative, but your own circumstances/preferences might dictate otherwise.

Pkj · Post by **Pkj** » Sun Dec 16, 2012 2:26 pm

Hi

Apologies for the late reply. Things weren't well at my end for last few weeks. It's discourteous to not have thanked you helpful people in time. I have benefited many times from your replies and I can't thank you enough for all ocassions.

Reading your answer, i have a further question. If we have our kid delivered here in uk in first week of June, 2013, in July I will have to apply for my and my wife's ILR. In that application won't I have to disclose my new born as a dependant? If yes, will I have to apply for baby's ILR too? I'm confused how I can register the baby after ILR for citizenship as wont the baby get an ILR same time as us?

Thanks

Post by **CR001** » Sun Dec 16, 2012 3:22 pm

If the baby is born in the UK, baby will have entitlement to BC as soon as you and your wife receive ILR. No need to apply ILR for the baby and you can register as BC.

dreamer645 · Post by **dreamer645** » Sun Dec 16, 2012 4:17 pm

Apologies for hijacking thread.......

I am in a similar position....we just had a child and i am planning to apply for ILR next August.

As far as i understand:
- I don't think i have to include my child during ILR application. Can someone confirm this, as he would be 9 months old by time of application?
- I am not sure if i have to mention him on SET O form. Again, if someone who has been through similar situation would help.

Cheers

Pqek · Post by **Pqek** » Sun Dec 16, 2012 5:37 pm

dreamer645 wrote:Apologies for hijacking thread.......

I am in a similar position....we just had a child and i am planning to apply for ILR next August.

As far as i understand:
- I don't think i have to include my child during ILR application. Can someone confirm this, as he would be 9 months old by time of application?
- I am not sure if i have to mention him on SET O form. Again, if someone who has been through similar situation would help.

Cheers

Dreamer645,

It's up to you to include them or not. In my case we have 2 kids one was 4 year old and one 6 months old at the time of the application and both born in the UK; we decided to include the 4 years old and not mention the 6 months old. reasons for this was the 4 years old would be included in an appeal if needed but we were not worry with the young one as we never applied for leave to remain for him before.

Right now, we are in the process of registering them both as BC. This process should be ready in around a month.

dreamer645 · Post by **dreamer645** » Sun Dec 16, 2012 5:52 pm

Thanks Pqek.

Very much appreciated.

asdf786 · Post by **asdf786** » Wed Dec 19, 2012 10:14 am

CR001 wrote:If the baby is born in the UK, baby will have entitlement to BC as soon as you and your wife receive ILR. No need to apply ILR for the baby and you can register as BC.

Your point looks me correct but i called Home Office and they said you have to include baby with your application.

InUkOnHsmp · Post by **InUkOnHsmp** » Wed Dec 19, 2012 11:21 am

Hi qfmomen,

You have been given wrong advice by the home office.

http://www.immigrationboards.com/viewtopic.php?t=121042

Regards

Post by **vinny** » Thu Dec 20, 2012 6:19 am

See also Do I need to include uk born baby in tier 1 extention?

asdf786 · Post by **asdf786** » Thu Dec 20, 2012 11:48 am

InUkOnHsmp wrote:Hi qfmomen,

You have been given wrong advice by the home office.

http://www.immigrationboards.com/viewtopic.php?t=121042

Regards

Thanks a lot.

The help desk guy was harsh and he emphasis and he said and i am quoting "you have to apply for your baby with your ILR application to bring her inline with your immigration status"

But as you suggested and i searched a lot on this forum and almost there is consensus among many members that i can exclude my baby.

asdf786 · Post by **asdf786** » Thu Dec 20, 2012 11:49 am

vinny wrote:See also Do I need to include uk born baby in tier 1 extention?

thanks Vinny. You are the moderator and it shows that you got grip on these issues. You have replied many questions i can see.

so you clearly have point of view that "I can exclude my baby in ILR Application which i am going to do end of March 13"

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ILR application and baby's arrival

ILR application and baby's arrival