FLR for child from India

[san38]

Hi Experts, please help me.

My current scenario:

Father : British citizen
Mother : Indian Citizen with FLR dependent visa
Child: Indian Passport (born in India before I acquired BC)


I've managed to meet Financial requirement this year and I want to apply for my child's FLR visa who is in India now, Mother's FLR visa will expire end of January-2018.

In this case i'm confused, please let me know what best options I have:

1: can I apply for FLR only for child and get my wife visa extended within UK (in this case will child get full 2.5 year validity visa or will it be valid only till mothers visa is valid) ?

2: can I apply for both together in september ?

3: should I wait till my wife visa gets near to expiry and then apply for both ?

please help

thanks in advance

[CR001]

1: can I apply for FLR only for child and get my wife visa extended within UK (in this case will child get full 2.5 year validity visa or will it be valid only till mothers visa is valid) ?

FLR applications are only made within the UK, i.e. an extension of a visa. From outside the UK, it is a new entry clearance visa. If your wife is on a spouse settlement visa, the child must apply on VAF4A and the visa will likely be granted to expire when your wife's visa expires.

2: can I apply for both together in september ?

You don't state where your wife is now or if your child already has a visa. You cannot apply for an extension outside the UK.

3: should I wait till my wife visa gets near to expiry and then apply for both ?

Again, where is your wife now and does your child already have a visa?

[san38]

Hi Char,
Thanks for the reply. Sorry for not being more clear.

My child was born last year in India, and I am trying to bring her first time to UK, through settllement visa.
My wife is in India with the child, she has FLR which was taken in UK, however she has stayed more than one year away from UK. So the FLR counter would have been reset anyway (i think).

So in this case I had asked which options to consider.

Option 1 would be ruled out because after spending nearly 2000GBP if I get visa only valid till Mother's visa there is no point.

Can I make fresh application for both, is it allowed, given that my wife still has valid BRP?

[CR001]

So the FLR counter would have been reset anyway (i think).

Nonsense. There is no absence limit for spouse of ILR/BC person.

Option 1 would be ruled out because after spending nearly 2000GBP if I get visa only valid till Mother's visa there is no point.
Can I make fresh application for both, is it allowed, given that my wife still has valid BRP?

Yes, it will reset your wife's clock to zero and a new 5 year route probably though.

[san38]

Nonsense. There is no absence limit for spouse of ILR/BC person.

This is good news. Thanks.

Yes, it will reset your wife's clock to zero and a new 5 year route probably though.

Are there any other best ways in this scenario please ?

[CR001]

Wife returns to the UK to apply for extension. Get child a visa after wife gets extension if child is able to stay with family in India.

OR

Apply for visa for child and then extend both visas once they return.

[san38]

Thanks a lot Char.
Just a clarification
For the first option can i apply for extension too early before visa expires, say in September/October...?
also, will they raise issues like co-habitation etc given that my wife was away from UK?

[CR001]

For the first option can i apply for extension too early before visa expires, say in September/October...?

What date did your wife enter the UK or switch to the spouse visa? You really need to give a bit more information and dates if you expect any useful advice. You can only apply for an extension in the UK and if you apply too early before reaching 2.5 years, there is likely to be a shortfall for ILR and she will need another extension to cover a few months.

also, will they raise issues like co-habitation etc given that my wife was away from UK?

You would have to submit substantial evidence to prove subsisting marriage and evidence of visits or communication.

[san38]

Hi Char,
Please find the info,

What date did your wife enter the UK or switch to the spouse visa? You really need to give a bit more information and dates if you expect any useful advice. You can only apply for an extension in the UK and if you apply too early before reaching 2.5 years, there is likely to be a shortfall for ILR and she will need another extension to cover a few months.

FLR was issued - 20-July-2015 - expiry in 31-Jan-2018. I understood your concern, i need to apply in such a way that the new FLR should cover 5 years to avoid shortfall?

You would have to submit substantial evidence to prove subsisting marriage and evidence of visits or communication

I think I can provide this, like money transfers, multiple visits, child birth, photos, marriage certificate, 1000's of hours of call data etc.

[CR001]

FLR was issued - 20-July-2015 - expiry in 31-Jan-2018. I understood your concern, i need to apply in such a way that the new FLR should cover 5 years to avoid shortfall?

Correct and applying too early will create a shortfall which would then require an additional extension. How does she feel about leaving the child behind though?

Pity child wasn't born in the UK as the child would have been British automatically if born after you got ILR.

[san38]

Thank you Char.

Correct and applying too early will create a shortfall which would then require an additional extension. How does she feel about leaving the child behind though?

It is very difficult decision to make, however as you mentioned her absence would not affect ILR application, and also will save additional visa costs, it looks like a practical decision at this point. If I can get premium appointment and (by gods grace) if I whole stay/process is within a month, then Grandparents can manage my kid.

Pity child wasn't born in the UK as the child would have been British automatically if born after you got ILR.

Yes , during my wife pregnancy, family tourist visa was rejected for our parents multiple times(due both not having economic ties and were dependent on us), and there were complications and we needed additional support so had to take this decision