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ILR for my family & New baby was born overseas ...Help Please !!

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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kirolosbasha
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Posts: 13
Joined: Mon Oct 29, 2012 6:51 pm

ILR for my family & New baby was born overseas ...Help Please !!

Post by kirolosbasha » Sun Nov 26, 2017 10:38 pm

Hi All,

I do appreciate it if any of the gurus here in this group can help me to sort out my dilemma, please.

In brief, I am an Egyptian citizen, have been granted ILR visa on 15.11.17 (under Tier 01 General -5 years basis) after waiting for more than 18 months and attending an interview.

The problem is, I just applied for myself only and have not applied for my wife and daughter yet.
Home Office did ask me about the whereabouts of my dependants and I replied them saying that I am intending to apply for them as soon as I got my visa approved as they still hold a valid visa till April 2018. To be honest I was worried that my application could get refused and I could lose the fees. What is more is, my wife, gave birth during her visit to her sister in USA in April 2017 before I was granted the ILR.

At the airport, the baby was permitted to enter the UK as an American visitor for 6 months visit which already expired last October. He is now overstayer for nearly three weeks!

I had emailed the HO several times before his passport got expired and before they granted me the ILR asking them for advice on what form or category shall I use to switch my baby visitor to a (Tier 01) dependent visa and I attached a copy of my baby's passport and his details in my emails.I also asked them about my situation and why it was taking so long time. I was told that my case exceptionally raises complex issues and they did not advise me regarding the baby.

Now after I got my ILR approved for my self, I am intending to apply for my family.However, I have no idea what form shall I use for the new baby? Will he go for Indefinite directly or he needs another visa?
I understand that Form (Set 0) will be used to apply for my wife and daughter.


I do believe that the HO are not in the business of throwing babies and children out of the country.Are they?

Please help !!!

kind regards,
kirolos

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Re: ILR for my family & New baby was born overseas ...Help Please !!

Post by vinny » Mon Nov 27, 2017 1:23 am

kirolosbasha wrote:
Sun Nov 26, 2017 10:38 pm
I do believe that the HO are not in the business of throwing babies and children out of the country.Are they?
Who knows what their hostile environment entails?

After your wife and daughter are granted ILR, apply for baby using SET(F). However, as baby had leave as a visitor, they may expect a change of circumstances explanation.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Obie
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Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: ILR for my family & New baby was born overseas ...Help Please !!

Post by Obie » Mon Nov 27, 2017 2:13 am

Why did you wife not apply for a PBS dependent visa for your child?

It is puzzling that they will issue a visitors leave to your child when your wife was entering with leave with a view to settlement.
Smooth seas do not make skilful sailors

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