Baby Expected in October'15, Visa Expiring in February'16

[mak.fahad]

Hello,

I am on a Tier-2 sponsored visa working in the UK.

I am expecting a baby in October 2015, which will be bron in the UK. Ive read the rules and I now know that the baby could stay here with us without a visa but with a permit to stay. Am I correct here?

My and my spouse's visas are expiring in February 2016. Could I renew my and my spouse's visa while keeping the baby on a permit and then apply for a visa for my child with the renewed length of stay?

[CR001]

What do you mean by 'permit'? It is either a Tier 2 dependent visa or no visa at all, there is no 'permit' in what you describe.

If you have no travel plans, you can wait till you apply for an extension in 2016 and include the baby.

[mak.fahad]

Hello CR01,

Thanks for your reply.

I am referring to the guidelines mentioned on the link below; https://www.gov.uk/tier-2-general/family-members. On this page, the last paragraph refers to babies born in the UK wherein there is a mention of applying for a permission to stay. Could you please explain this?

How much time prior to the visa expiry date could I apply for an extension? Could I apply for the baby's visa at the same time im extending my visa? Can I do it from within the UK?

Thank you so much for taking the time out for my queries.

mak.fahad

[CR001]

the last paragraph refers to babies born in the UK wherein there is a mention of applying for a permission to stay. Could you please explain this?

Permission to stay = Tier 2 Dependent visa, there is no other option based on your current visa status.

How much time prior to the visa expiry date could I apply for an extension? Could I apply for the baby's visa at the same time im extending my visa? Can I do it from within the UK?

You should apply within 28 days of expiry of current visa. Yes you can apply for baby at same time as your extension and yes you can do it from the UK.

[FaeLLe]

Children born in the UK are not subject to immigration control.

Which means they can remain here till they are eligible to be registered as British Citizen and acquire nationality after having being born in the UK and living here for 10 years.
They cannot leave the country and travel for the first 10 years.

N.B. If a child lives in the United Kingdom for the first 10 years of his or her life, an
application can be made under section 1(4), even if the parents are not settled. A
form T should be used for this purpose. A child born in the United Kingdom who is
and has always been stateless may also qualify on the basis of a period of five
years residence. Form S3 should be used for this purpose. Alternatively, a child
born in the UK whose parents are not settled in the UK and are not applying for
settlement of British citizenship may be registered at the discretion of the Home
Secretary (see page 10).

https://www.gov.uk/government/uploads/s ... e_2015.pdf
https://www.gov.uk/government/uploads/s ... _06_15.pdf

[FaeLLe]

DO NOT APPLY FOR A PASSPORT OR VISA OR THE CHILD IF YOU WANT TO GO DOWN THIS ROUTE (the one in my post above).

[geriatrix]

Children born in the UK are not subject to immigration control

This paragraph and paragraphs 305-309 apply only to dependent children under 18 years of age who are unmarried and are not civil partners and who were born in the United Kingdom on or after 1 January 1983 (when the British Nationality Act 1981 came into force) but who, because neither of their parents was a British Citizen or settled in the United Kingdom at the time of their birth, are not British Citizens and are therefore subject to immigration control.

OP,

If the UK born child is not going to travel outside UK before you apply for extension or ,if eligible, apply for settlement in future, there is no need to apply for leave to remain for the child. Else, apply for child's leave to remain either:
1. at the time of your extension, or
2. before you plan to take the child outside the UK,

or
the child may travel outside UK without any leave but must apply for entry clearance as a PBS dependant before returning to UK.

[mak.fahad]

Thank you very much people. I really appreciate the help.

[mak.fahad]

One more arising question is that is there a difference between the application fee if I apply within the UK or from outside the UK? If so, then could anyone give me a link which explains the difference in the fee structure?

Is there any benefit in getting a dependant visa for a baby born in the UK later in say ILR or citizenship application for the baby?

[geriatrix]

1. For current visa fees outside UK, see here. For leave to remain applications (from inside UK), see the current PBS dependant LTR form.
2. The benefit is that if the UK-born child will not travel outside the UK until either parent acquires settlement, then you save the cost of an unnecessary application.

[FaeLLe]

One more arising question is that is there a difference between the application fee if I apply within the UK or from outside the UK? If so, then could anyone give me a link which explains the difference in the fee structure?

Is there any benefit in getting a dependant visa for a baby born in the UK later in say ILR or citizenship application for the baby?

I personally recommend an in country application at all times if it is a possibility. This is mainly because you get a resource to appeal instead of just an administrative review for out of country applications.
In your case for a baby it should hopefully be a straightforward case.

Personally if I were you I would let the baby remain in UK without a Non UK passport till eligible If anyone wants to see it they are free to come to the UK!

[geriatrix]

I personally recommend an in country application at all times if it is a possibility. This is mainly because you get a resource to appeal instead of just an administrative review for out of country applications.

See Full immigration appeals ended: Immigration Act 2014 brought into force

Personally if I were you I would let the baby remain in UK without a Non UK passport till eligible If anyone wants to see it they are free to come to the UK!

And what would be the advantage of that if the UK-born child acquires citizenship of another country (through parents' current citizenship) that allows dual citizenship?

[FaeLLe]

Personally if I were you I would let the baby remain in UK without a Non UK passport till eligible If anyone wants to see it they are free to come to the UK!

And what would be the advantage of that if the UK-born child acquires citizenship of another country (through parents; current citizenship) that allows dual citizenship?

Well just a small nuance, you could classify yourself as Citizen by Registration / Birth as compared to Citizenship by Naturalisation.
No significant advantage there.

Also with the era of getting your citizenship "revoked" if you are a dual citizen I would rather retain a single nationality.

[geriatrix]

Dual citizenship a nuance! Maybe you say that because your country of citizenship doesn't allow it?
You should be aware that a minor's citizenship cannot be revoked. So, none of your opinions are relevant for a new born child ... at least for the next 18 years.
And that you prefer single nationality doesn't mean that everyone else should do too. Not everyone does deeds that may lead to revocation of citizenship, when of full age.

Oops, getting off-topic!

[FaeLLe]

You should be aware that a minor's citizenship cannot be revoked. So, none of your opinions are relevant for a new born child ... at least for the next 18 years.
And that you prefer single nationality doesn't mean that everyone else should do too. Not everyone does deeds that may lead to revocation of citizenship, when of full age.

Fair enough and deeds are subjective
Anyway I was just voicing opinions just the same way you are so the other person now has perspectives to choose from.

[mak.fahad]

Hello,

Thank you everyone for your replies. Surely helped me out a lot.

Going back to the 4 reply in the thread by CR001. That I could apply for my baby's visa the same time I would apply for my extension. How does this work out? I mean when im filling out the forms for my babys visa, I would parralelly be filling out the form for my extension. Would the visa pplication I make for my baby go under my previous visa duration i.e. the visa that expires in Feb 2016?

Please clarfiy my doubt.

Thanks
mak.fahad