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Non-UK born child with 1 parent ILR and another T1 Dependent

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pm82
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Joined: Tue Feb 26, 2013 2:13 pm

Non-UK born child with 1 parent ILR and another T1 Dependent

Post by pm82 » Tue Feb 26, 2013 2:38 pm

Hello everyone,
I have gone through UK BA rules and many forum entries, but am still not able to figure out what exactly needs to be done - So, creating this new post.
I have obtained ILR last month after being a Tier-1 General visa holder. My wife who had got her Tier 1 Dependent visa in Dec 2011 and came to the UK in Feb 2012 and stayed over here for 6 months. She then went back to our home country last year for the delivery of our baby.

To summarise,
i) I have an ILR from Jan 2013
ii) My wife has a T1 Dependent visa expiring currently in Sep 2013 and falls under the rules in place before Jul 2012.
iii) We are yet to apply visa for our baby boy.

Can anyone please let me know the following:
1) What kind of visa should we apply for our son? Will he fall under the new rules applicable from Jun 2012 (requiring 5 years stay).
2) Secondly, my wife has a valid T1 Dependent visa for another 6 months. I understand that she need not apply for any visa right now and can apply for an extension as T1 Dependent in Sep 2013 and then apply for ILR next year.
3) If my baby falls under the new rules after Jul 2012, does it mean that we cannot apply for his ILR for another 5 years (even though my wife will be eligible for it next year).

Any suggestion will be highly appreciated as I am completely lost with the rules and forms.

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