Visa for baby born in the UK but applying from outside UK

[Xyz2016abc]

I hope you can help us with this urgent matter.

I am ILR holder. My wife is on the dependent visa. Our 1.5 years old child was born in the UK.

Due to some family issue, we had to travel to India but before our travel we got our child registered as Indian national and got Indian passport in the UK. We didn't have enough info and time to apply for UK visa for our child so we traveled without child's visa. Now that we need to travel back to UK what type of visa we can apply for our child from India.

1) can we apply for british passport for our child from India? I was granted ILR after the birth of our child.
2) Or Do we need to apply for dependant visa for our child? How much salary do I need to show? I know for one dependent its about £18k, and about £22.4k for one dependent + child.
3) Or is there any other option available so that we can travel back to UK asap.

Please advise.

Thank you.

[secret.simon]

Our 1.5 years old child was born in the UK.

I was granted ILR after the birth of our child.

The child is not automatically British, but is entitled to registration as a Britsih citizen under Section 1(3) of the BNA 1981.

So, there are two alternatives.
a) Get the child registered as a British citizen using Form MN1 and then apply for a British passport. The latter part itself (British passport abroad) can take between six months and a year.
b) Apply for a dependent visa and then do (a) when back in the UK. The salary requirement for a non-British wife and child is £22,400.

[Xyz2016abc]

Thank you for your reply Secret.Siimon.

I was just looking at VAF4A-Appendix2 form and under Financial Requirements section it says "If you are an applicant under the age of 18 applying on your own to join a sponsor, read the policy guidance note for further
information on the financial requirement you are required to meet." I couldn't find the relevant info in the guidance. so please let me know if you have any information on this.

As I am only applying for our child - do I still need to treat my application as if applying for one dependent + 1 child?

[vinny]

What type of dependant leave does your wife have?
How did you apply for ILR?

If you were granted ILR under PBS and your wife is still a PBS dependant, then child may apply for a PBS dependant entry clearance, in line with your wife's.

If your wife has leave as a spouse of a settled person, then child may also apply for entry clearance in line with her.

[Xyz2016abc]

What type of dependant leave does your wife have?
>> Yes she is PBS dependent.

How did you apply for ILR?
>> I applied for ILR by post in the UK after completing 5 years to Tier1. Have I answered your quesstion?

Could you please advise which form/category to apply under? thank you very much.

[vinny]

PBS dependant, in line with wife's.

Assuming you were under Tier 1 (General), see also family members.

[Xyz2016abc]

Thank you Vinny for your help.

I am getting a bit confused. I had a read at this post earlier on http://www.immigrationboards.com/immigr ... l#p1318591

It suggests that one parent with ILR can apply for ILR for the child?

Following your advise it has to be under PBS dependant category?

Please let me know what you think?

[CR001]

The child will be issued a visa in line with what the mother has - PBS dependent. The link you have posted, both parents held ILR.

[Xyz2016abc]

CRRO1 - Sorry if I wasn't clear - I was referring to Pan_hedge's this comment
"If one of the parents have ILR and the other limited then you need to fill VAF4A Appendix 2 and available here https://www.gov.uk/government/uploads/s ... endix2.pdf
(I am not sure about the appendix 2 as I submitted this 3 years back when I was on limited leave and my husband on ILR for my first son)"

[vinny]

Not sure under what provisions of the rules Pan_hedge was referring to, if child was born outside the UK.

For a UK born child, I think it's possible for child's leave to be in line with yours. However, ECOs may refuse to acknowledge nor accept the preferential rules that are applicable to a UK born child.

[CR001]

CRRO1 - Sorry if I wasn't clear - I was referring to Pan_hedge's this comment
"If one of the parents have ILR and the other limited then you need to fill VAF4A Appendix 2 and available here https://www.gov.uk/government/uploads/s ... endix2.pdf
(I am not sure about the appendix 2 as I submitted this 3 years back when I was on limited leave and my husband on ILR for my first son)"

ILR Dependent (or spouse settlement visa) is also limited leave, which is what Pan_hedge was on and in her case, VAF4A for the child was appropriate as it would have been the same visa category that Pan_hedge was on.

[Xyz2016abc]

Thank you for all the input.

I have started filling the application form online and just wanted to clarify the below. I hope you can help further.

1) Medical treatment history - Y/N
As our child was born in the uk and registered to doctor's surgery where we have had the immunisation done. What do we put in the treatment start and end dates as there were more than one visits? All the doctor visits were just regular routine visits for the infants.

2) English language requirement
I have put No as child is only 1.5 years old. I have mentioned in the notes field under there. I hope I have answered it correctly.

3) Have you travelled to the UK in the last 10 years?
Not TO the uk but from UK. So I have put it as No. Is this OK?

[CR001]

What form are you completing?

[Xyz2016abc]

Hello CR001

I went on the Visa4UK and selected "Child or Other Dependant of Settled Person"

Please advise if this is the right option or not?

Thanks

[CR001]

The child will be issued a visa in line with what the mother has - PBS dependent. The link you have posted, both parents held ILR.

PBS dependant (click_, in line with wife's.

Assuming you were under Tier 1 (General), see also family members (click).

The child must apply for the same visa as the mother - PBS Dependent. Both vinny and I have told you this so not sure why you have applied for a child settlement visa, which will likely be refused.