Children to re-enter UK

[dawndetector]

Hi all,

I have a doubt about whether my baby will be allowed to re-enter the UK without a dependent Visa. My baby was born in January this year and i have yet to apply for a dependant visa for him. From paragraph 305 below it does look like children will be allowed to re-enter without a visa if he fulfills the conditions set in 305, is that right?

https://www.gov.uk/guidance/immigration ... ly-members

Requirements for leave to enter or remain in the United Kingdom as the child of a parent or parents given leave to enter or remain in the United Kingdom
305. The requirements to be met by a child born in the United Kingdom who is not a British Citizen who seeks leave to enter or remain in the United Kingdom as the child of a parent or parents given leave to enter or remain in the United Kingdom are that he:
(i) (a) is accompanying or seeking to join or remain with a parent or parents who have, or are given, leave to enter or remain in the United Kingdom; or
(b) is accompanying or seeking to join or remain with a parent or parents one of whom is a British Citizen or has the right of abode in the United Kingdom; or
(c) is a child in respect of whom the parental rights and duties are vested solely in a local authority; and
(ii) is under the age of 18; and
(iii) was born in the United Kingdom; and
(iv) is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit; and
(v) (where an application is made for leave to enter) has not been away from the United Kingdom for more than 2 years.
Leave to enter or remain in the United Kingdom
306. A child born in the United Kingdom who is not a British Citizen and who requires leave to enter or remain in the circumstances set out in paragraph 304 may be given leave to enter for the same period as his parent or parents where paragraph 305 (i)(a) applies, provided the Immigration Officer is satisfied that each of the requirements of paragraph 305 (ii)-(v) is met. Where leave to remain is sought, the child may be granted leave to remain for the same period as his parent or parents where paragraph 305 (i)(a) applies, provided the Secretary of State is satisfied that each of the requirements of paragraph 305 (ii)-(iv) is met. Where the parent or parents have or are given periods of leave of different duration, the child may be given leave to whichever period is longer except that if the parents are living apart the child should be given leave for the same period as the parent who has day to day responsibility for him.


Thanks in advance.

[CR001]

How will the child board the plane without proof of a valid visa?

You should be reading 319F in the link you provided - children of PBS migrants.

Suggest apply for a visa before traveling back to the UK with the child. You should have thought about this before the child traveled out of the UK.

[vinny]

As CR001 mentioned, a major problem for child may be getting on a plane, train or ship without a valid UK visa.

Moreover, once they grant leave, then child should extend leave when necessary, to prevent overstaying, until child is entitled to register for citizenship.