Tier 1 General renewal for UK born child prev outside the UK

[marchfourth]

Hi All,

My situation is as follows

1. I moved to the UK with my wife and UK born son on a Tier 1 General visa in 2011 and will be applying for renewal in 2013
2. My son left the UK shortly after he was born and re-entered as my dependant after about 3 years outside the UK
3. I now also have an 8 months old daughter (UK born as well)


My questions are,

1. Do I need to apply for renewal for my son?
2. Do I need to apply for a dependant visa for my daughter?


Many thanks in advance for your answers

[Damanisshallo]

My questions are,

1. Do I need to apply for renewal for my son?
2. Do I need to apply for a dependant visa for my daughter?

Child born in the UK - Read Q29 - Q32.

[marchfourth]

Many thanks for your response.

The link you provided was very helpful however the emphasis seemed to be on settlement applications for the most part. Since I also will eventually apply for settlement (following the coming tier 1 general renewal) then I guess its safe to say that the information provided in the link also applies to me.

Thanks again.

[Damanisshallo]

Q31 - My UK-born-child was issued leave previously. Can I skip including him in the settlement application even though his leave will expire before I can expect my settlement to come through?
Yes, if you have no reason to believe that your settlement application will be refused. If you are granted settlement then whether the child has valid (PBS or non-PBS) leave or not, or whether dependant leave will expire on the day you apply for settlement or 2 years down the line - becomes irrelevant. Any "overstay" won't affect the child's entitlement for British citizenship, if/when you're granted ILR. After settlement, register your child as a British citizen (as explained above).

Q32 - When should I consider including my UK-born child in my settlement application?
Under the following circumstances:
1. - If your UK-born-child had applied for leave in the past which is due to expire before you can expect a decision on your settlement application and you have reason(s) to believe that your settlement application may be refused. Including the child in your application will ensure that the child gets the same appeal rights as you do.
2. If you wish to travel abroad with the child soon after you receive settlement and do not have the time to apply for child's registration and British passport (and receive these documents) before you travel.

[marchfourth]

The statement "becomes irrelevant. Any "overstay" won't affect the child's entitlement for British citizenship" definitely puts my mind at rest

Thanks.

[praiseworthy]

hi,

please just to have a better understanding because i am in similar situation, i gave birth to my first child in the uk almost five years ago but left the uk then only to come back last year as a dependant on main applicant on tier 1. we will be applying for an extention in 2013, do we really need to apply for my son since with all i have read so far is pointing to the fact that we can register him after we have gotten our ILR.

secondly will it not be noticed by case officer that three people applied for entry clearance and now we are only applying for one main applicant and one dependant(me).

i will really appreciate a quick answer please because we are about to put in an application in less than two months.

Thanks in anticipation on quick response.[/b]