Father (ILR), mother (Tier 1 General PBS dependent): need child's UK visa - to be born in India

[vikram1986]

Hi All

I saw many posts on this topic but they were atleast 1 yr. old, so thought of asking again to check if this is still correct.

I have ILR (through 5 year route on Tier 1 General visa) and my wife is on Tier 1 general PBS dependent visa valid till Oct 2019.

We are expecting a child in Oct. 2017 and then I will need to bring my child to UK from India. I understand that I will have to apply for child's Indian passport and then UK visa. Also child's visa type will be same as mother i.,e. Tier 1 General PBS dependent visa.

1. Is my understanding correct ?
2. Please provide me link for correct application form (PBS dependent Tier 1 General), fees and documents.
- Document attestation: It needs to be done by both/either parent OR by UK notary/solicitor OR by Indian notary/solicitor OR anyone of above ?
- Do I need to include xerox of my and my wife's previous Indian passport as well ? along with our current Indian valid passport xerox copies ? and just first/last page OR all pages ?
- 90 days maintenance bank statements: I believe minimum amount maintained should be 630 GBP ?
- I believe VFS will return my and wife's original passport/visa immediately in same appointment ?

3. Does child need to have TB test report to include as visa application document ?

4. Do we have to pay IHS surcharge for child's PBS dependent visa application ?

5. Once child is in UK, I will apply for naturalization/British passport, so I believe I can include my child too in same application so that child will also get British passport ?

I would appreciate your help with above questions.

Thanks in advance

Vikram

[CR001]

1. Yes, Indian passport and Tier 1 General dependent visa in line with the mothers visa. IF you had opted to have the child in the UK, the child would be automatically British.

2. https://www.gov.uk/tier-1-general/family-members
What documents do you think need to be attested? You cannot attest them yourself.
See link above re maintenance fund.
VFS retain the passport for the duration of the process.
Copies of visas/passports should be ok.

3. Not sure.

4. Yes, you have to pay the IHS surcharge, your child is NOT exempt.

5. No you cannot. Your child will follow the same path as the mother and will need ILR before they can apply for British citizenship. There is no option to 'include a dependent' for citizenship applications. Each applicant must meet the requirements on their own.

[vikram1986]

Hi, thanks for your quick reply.

Regarding attestation, I read in one of the post that visa was rejected as copies were not attested, so my concern was who needs to attest all the documents that I am submitting as xerox copies.

VFS can retain child's passport, as long as I will get my and wife's passport/visa back immediately.

So basically child will be eligible to apply for ILR along with mother in Oct. 2019 in same application ?

[vikram1986]

And last question,

My understanding is that my wife can not be outside UK for more than 180 days...so she will have 60 days in hand when baby will be born. So to avoid risk of her crossing 180 days outside UK (in case child's PBS dependent visa application decision dosent come in 60 days), can child enter UK on visitor visa and then do PBS dependent application from within UK ? so that we dont have to worry. I dont mind paying fees twice, once for visitor visa and once for PBS dependent visa from within UK

[CR001]

There is NO '180 day' absence limit for PBS Dependents.

can child enter UK on visitor visa and then do PBS dependent application from within UK ?

No, not possible to switch to other visa categories as a visitor. Also unlikely the child will qualify for a visitor visa as child is not a visitor.

[vikram1986]

Ok thanks. So child will be eligible to apply for ILR at the same time as mother in Oct. 2019 ? or child also needs to complete 5 years from date of entry in UK. If later, then does that mean I will have to apply for extension of child's PBS dependent visa to cover 5 years ?

[CR001]

So child will be eligible to apply for ILR at the same time as mother in Oct. 2019 ?

Yes.