Child ILR father british and mother settlement visa

[arabindianbritish]

Dear All,

I needed advice. I currently have ILR since 2013. I am planning to apply for BC soon. Once I receive BC can I apply for my childs ILR. My wife is on settlement visa and kid on dependent visa.

I would appreciate your help.

Thank you

[secret.simon]

Where is child born?

If born abroad, child will have the same visa status as the less-privileged parent.

What do you mean by your wife being on a "settlement visa"? Does she already have ILR or is she on a spouse visa that will lead to settlement?

[arabindianbritish]

Thank you Simon for the reply. Wife has settlement spouse visa. Child was born in India. Is there no possibility to apply for childs ILR or BC rather than applying for extention of dependent visa?

Also what does less priviledge parent means?

Thank you

[secret.simon]

Is there no possibility to apply for childs ILR or BC rather than applying for extention of dependent visa?

No possibility based on current rules and guidelines.

In your case, as you have ILR and your wife has a "family of a settled person" visa, the lesser privileged parent's visa is that of your wife and your child should apply for that.

Were the child born in the UK, it would have either had an entitlement to become British when you got your ILR or would have been born British if it was born after your ILR.

[arabindianbritish]

Dear Simon,

Thanks for clarifying. I guess I need to apply for their extention then following with ILR.

Just one more question. I paid £1200 for their IHS fee while applying for their settlement visa. As per the Home office website fee is £200 per year. Since they received 33 months visa. Can I ask for £50 refund for each. Total of £100. Also how can I request a refund?

Thanks again

[Casa]

No as you've been charged the correct amount. £200 per year (or part year).