Child born in UK to Tier 4 parents

[Nur137]

Hi all,

My husband and I both are Malaysian on tier 4 student visa expiring 1.9.2018.

We have baby of 5 months old born in UK.

Question is :
1. We are visiting malaysia for short period and will be back in UK on 15.7.2018. Does my baby needs to have a visa to enter UK? Noting our visa expires on september

2. If my baby enters as a ‘visitor’ (note Malaysian doesn’t need to do visitor visa) , can we apply for tier 2 dependent visa for baby in the UK if we want to apply for Tier 2 visa later on? Or we need to apply for dependent visa from home country ie malaysia?

Thank you.

[sah10406]

1. We are visiting malaysia for short period and will be back in UK on 15.7.2018. Does my baby needs to have a visa to enter UK? Noting our visa expires on september

Yes, unless they are a genuine visitor and the Border Force Officer accepts that they are coming for that reason.

2. If my baby enters as a ‘visitor’ (note Malaysian doesn’t need to do visitor visa) , can we apply for tier 2 dependent visa for baby in the UK if we want to apply for Tier 2 visa later on?

No, see paragraph 319H(h)(i)(a) of part 8 of the Immigration Rules:
https://www.gov.uk/guidance/immigration ... ly-members

Or we need to apply for dependent visa from home country ie malaysia?

Yes, or in the UK before you travel.