Father (ILR), mother (Tier 2 PBS dependent): need child's UK visa - born in India

[sanjprab]

Hello,

I ve currently applied for my ILR, my wife holds Tier 2 partner visa. Her visa expires in Dec 2018. She went to india for delivery and has been there for more than 180 days. Currently both mother and son are in India. My son was born in Jan 2018 in India. My wife will be applying for my son's Indian passport. and then apply for UK visa so that I can bring him to UK.

My question is,

1. Do I need to apply for Tier 2 dependent child visa for my son?

2. Will it be valid only till my wife's visa?

3. If Question1 is yes, After they come to UK, can they both extend the Tier 2 visa since both do not satisfy continuous residence, or do we need to apply for some other visa?

Thank you all in advance.

[sanjprab]

I am applying my ILR via Tier 2 with 5 years residency

[vinny]

1. Yes.
2. Yes.
3. If wife has valid leave throughout, then her continuous leave isn't broken. They may extend or settle together, if eligible.

[sanjprab]

Thanks a lot Vinny.
So just to summarise my understanding.
Even after I get my ILR visa, as long as my wife has valid Tier 2 Partner visa, I can apply Tier 2 Child visa for my son.
Questions:
1. Can I be the main applicant for my son's application or should my wife be the main applicant?
2. Can I enter my certificate of sponsorship number in my son's PBS child visa application even after getting my ILR.

[sanjprab]

this is from the PBS Dependent Guide - https://www.gov.uk/government/uploads/s ... 2-2018.pdf

4. You can apply for limited leave to remain as a PBS Dependant if you meet the criteria set out in this
guidance and the Immigration Rules and you are:
• the family member of a person with, or applying for, leave under Tier 1, 2, 4 or 5 of the Points
Based System; or
• the spouse or partner of a person with indefinite leave to remain or British Citizenship who last
held leave in Tier 1, 2, or 5 of the Points Based System and you do not yet qualify for indefinite
leave to remain; or
• the child of a person with indefinite leave to remain or British Citizenship who last held leave in
• Tier 1, 2, or 5 of the Points Based System and:
o your other parent does not yet qualify for indefinite leave to remain; and
o you last held leave as PBS Dependant granted on or after 9 July 2012

So the first point applies to my son, correct? since the mother is in Tier 2 partner.

[vinny]

Technically, as child is not in the UK, child will be applying for entry clearance.

[sanjprab]

Thanks Vinny, by entry clearance you mean the same visa as mother's?
And Mother will be the Main applicant for the Child's application?

[vinny]

It would seem so under 319H.(b)(ii)?

[sanjprab]

Thanks a lot again Vinny. The info you have provided helps a lot. Thanks again.