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Visa for kid born in India- father ILR mother PBS dependent

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meluha
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Visa for kid born in India- father ILR mother PBS dependent

Post by meluha » Mon May 30, 2016 6:14 pm

Hello,
I'm a settlement visa holder and my wife has pbs dependent visa till Jan 2019 and eligible for ILR by Jan 2019. We are trying to applying visa for my son just born in India. What is the visa type I should apply for? Is my son eligible for settlement visa?
When I fill the application form, in the reason for visit, what should I select? Below are the options
Visit
Study
Work
Settlement
Transit
Other
My confusion is should I select visit or settlement?
If is select settlement as reason for visit, the visa type can only be selected as settlement and subtype as child of a settled person.
If I select visit, the visa type has child, family among other options..is this what I need to select?

Please advise..

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CR001
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Re: Visa for kid born in India- father ILR mother PBS depend

Post by CR001 » Mon May 30, 2016 6:20 pm

PBS Dependent, same as mother and will be issued in line with mothers visa.

Is it Tier 1 dep, Tier 2 Dep that your spouse has???
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meluha
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Re: Visa for kid born in India- father ILR mother PBS depend

Post by meluha » Mon May 30, 2016 6:21 pm

Just to clarify I'm a ILR holder

meluha
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Re: Visa for kid born in India- father ILR mother PBS depend

Post by meluha » Mon May 30, 2016 6:23 pm

My wife has tier 2 pubs dependent...
Is this case as mention in my original post what option should I select please?

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CR001
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Re: Visa for kid born in India- father ILR mother PBS depend

Post by CR001 » Mon May 30, 2016 9:09 pm

meluha wrote:Just to clarify I'm a ILR holder
It doesn't matter what your status is. Child will be issued a visa in line with the mother.

Apply for Tier 2 Dependent visa, link below, it is online only.

https://www.gov.uk/tier-2-general/family-members
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meluha
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Re: Visa for kid born in India- father ILR mother PBS depend

Post by meluha » Tue May 31, 2016 12:47 pm

Dear CR001,

Apologies for asking this again. I was advised by a solicitor that to bring my kid to UK, i have to do an application for both my spouse and kid together from India in this case. The reason given was, since my wife is still in PBS dependent, for bringing the kid I'll be the main applicant ( with status of ILR). My wife visa category is different and mine is different. So to bring the child to UK I have to do a application for both my wife and kid for family of settlement visa even though my wife has PBS dependent valid till Jan 2019.

I'm very concerned about this? Can you please clarify this for me?

Just to summarize:
My visa category : ILR ( obtained through ICT tier 2, 5 year route)
My spouse visa category : PBS dependent ( Dependent of a ICT tier 2 migrant. extended on Jan 2016. valid till Jan 2019. Eligible for ILR by Jan 2019)
Kid : Born in India Apr 2016. Need to bring the kid to UK.


Thanks

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Re: Visa for kid born in India- father ILR mother PBS depend

Post by vinny » Tue May 31, 2016 1:21 pm

As you were granted ILR under PBS using SET(O), you have a choice.

Your child may apply for a PBS entry clearance alone in line with you wife; or
Both your wife and child may apply for family Settlement entry clearances.

If you choose the latter, then their qualifying period for SET(M) may be reset.
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meluha
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Re: Visa for kid born in India- father ILR mother PBS depend

Post by meluha » Tue May 31, 2016 2:21 pm

Thank you for this. I was concerned since I was advised that I have to apply fresh visa for both my spouse and kid.

Now to apply PBS dependent entry clearance visa for my Kid, can you please guide me on selecting the visa type and sub type for my case. ( In the online application)

1. What to select for the Reason for Visit : Options given below
Visit
study
work
settlement
transit
other
exempt

I think its 'WORK' here.

2. What to select for Visa type : If I had selected 'Work' above, below are the options
Tier 2 general
Tier 2 ICT visa
Note : I got ILR through ICT tier 2 route. My wife PBS dependent is also as a dependent of ICT Tier 2.

3. What to select as Visa sub type :
If I had selected Tier 2 ICT visa above. below are the options
Long term staff child upto 3 years

If I had selected Tier 2 general as Visa type, below is the option
General child upto 3 years

Also please advise with IHS surcharge be applicable for my Kid here?

Your reply will be greatly appreciated.

Thanks in advance

meluha
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Re: Visa for kid born in India- father ILR mother PBS depend

Post by meluha » Wed Jun 01, 2016 10:35 am

Dear Vinny/CR001

Can you please provide a clarity on my last post please? Apologies if this is bit lower level detail. I'm asking this as the guidelines are not clear

Thanks in advance

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Re: Visa for kid born in India- father ILR mother PBS depend

Post by CR001 » Wed Jun 01, 2016 10:44 am

If your spouse is on Tier 2 ICT dependent, then that is what you apply for your child, i.e. the same visa as your spouse.

IHS is not payable for ICT dependents but you will need to get a reference number, but it should be £0-00 due.
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