Visa for Child born outside UK - ILR and Tier 1 dept parents

[joefreddy1906]

Hello all

I was on Tier 1 General Visa for 5 years, moved to ILR and eventually got my naturalisation early 2016.
My wife got her Tier 1 General visa in May 2012. She is currently on Tier 1 General Dependent visa valid until Aug 2017.

My daughter was born in India in July 2015. At this time I was on ILR and my wife was on Tier 1 General Dependent. My daughter has an Indian passport now. She needs to join me in UK.

Should she apply for a Tier 1 General Dependent Visa (similar to wife) or a settlement visa (ILE) from India?

If ILE, when can she apply for ILR/Naturalisation?

Thank you in advance for your assistance
Joe

[CR001]

She should apply for a visa in line with her mother, Tier 1 Dependent visa.

[joefreddy1906]

Thank you for your advise. I had a similar advise from friends here.

I think there has been some confusion. We applied for a settlement visa for my daughter. The travel agent advised us this. When my wife went to the VFS office, the employee in the counter didn't challenge and said Settlement is correct. I am guessing both were wrong. The timelines for processing a Settlement visa is 60 days (maximum) whereas Tier 1 General is only 15 days.

Query 1 - Will they reject the application asking me to re-submit with Tier 1 General dependent application or will they update it internally and give me the correct visa. I wont complain any visa time as long as I get a valid visa for my daughter. If they decide to reject, will it be only after 30-45 days.

Query 2 - If we are confident that they are going to reject at some stage instead of updating it internally, should I ask them to return the document now and submit a fresh application immediately instead of waiting for them to reject it? Atleast I will save time and will be able to re-unite with my family asap.

Query 3 - What will happen to my application fee which is more than £1000 equivalent.

Apologies if I have asked something that has been already answered in this forum. Hope you understand my frustration and agony.

[CR001]

You should have stated that you have already applied.

A travel agent is not necessarily familiar with visas other than visitor visas. VFS is a third party handling agent, not immigration specialists.

Query 1 - Will they reject the application asking me to re-submit with Tier 1 General dependent application or will they update it internally and give me the correct visa. I wont complain any visa time as long as I get a valid visa for my daughter. If they decide to reject, will it be only after 30-45 days.

Possible that it is refused. No, HO don't 'update it internally'. It will be refused and you lose your fee paid.

Query 2 - If we are confident that they are going to reject at some stage instead of updating it internally, should I ask them to return the document now and submit a fresh application immediately instead of waiting for them to reject it? Atleast I will save time and will be able to re-unite with my family asap.

Not sure if you can do this.

Query 3 - What will happen to my application fee which is more than £1000 equivalent.

You will lose the application fee if it is refused and will have to pay the visa fee again for a PBS Dep visa.

[Isaacb]

Hi joefreddy1906,

I am also in the similar situation as you.Can you please let us know the result of your daughter application.

Thanks,
Isaac