waheguru wrote:Hi all,
i am on tier 1 enterprenuer extension visa. valid till june 2019 i want to apply pbs dependent visa for my baby i have applied his passport . i have a question about my baby's ILR APPLICATION . when i will apply for ILR ON that time can i apply my BABY's ILR APPLICATION Or not ! OR i have to apply tier1 extension for him bcoz if you have dependent then he have to spent 5 years in uk IN ORDER TO APPLY ILR !! plz suggest me what should i do. As he born here last year in OCT we dont have plan for travelling outside Uk ! but my solicitor said you have to apply his visa bcoz he is not eligible for NHS HERE ! if you are not applying his visa then it will be negetive effect on your application that you didnt pay IHS CHARGE FOR BABY AND USING FREE NHS ! plz suggest me
I haven't seen a definitive answer to this question. This is what I have seen so far:
1. You only need to apply for your child's Visa if he/she is planning to travel
2. You can access NHS for your baby for free for three months.
3. You can only pay the IHS surcharge as part of the Visa application process
The NHS site states:
You should apply for a visa for your child during the three-month period after your child's birth. If required, you may have to pay the surcharge for your child. Failure to do so means you may be charged for NHS services provided for your child after the three-month period.
Based on the above, I would conclude that if your baby is not travelling and you are willing to pay for the NHS services as and when you use them, you do not need to apply for a VIsa. But you can go for BC directly once you get your ILR.
Of course, it means taking a big risk that if, god forbid, your baby needs some major treatment, you can get saddled with heavy bills.
But even if you apply for PBS dependant visa for your child, you should still be able to apply for BC once your ILR is approved. Your baby will not need to go through the 5 year ILR route.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.
