ILR Dependant Child Visa (Born Outside UK)

[deelazam]

Afternoon All - I was wondering if anybody could provide some guidance on my situation.

I have recently received my ILR (Oct 2018) after completing 5 years on Tier 2 General. My wife is currently on Tier 2 dependant and will complete her 5 years in March 2019 before she can apply for her ILR. My daughter was born outside UK in 2015. We originally applied for her Tier 2 dependant visa but she has not lived in the UK with us in the last 3 years - she has been with her grandparents outside UK.

We now want to bring her over to the UK. What type of visa do I apply for her? Will she come here as a dependent of an ILR (since I am the main sponsor)? If so, how long will she need to spend on that visa before she can apply for British citizenship (I will become eligible after October 2019).

Many thanks in advance.
A

[CR001]

Tier 2 dependent, same as your spouses visa.

[deelazam]

Many thanks. Isn't there a different category for ILR dependant? What category would my child fall under if say I apply for her visa after my wife has also secured her ILR in March 2019?

[CR001]

If both parents have ILR, the you apply for a child settlement visa on form VAF4A and Appendix 1.

It costs £1523 plus £600 IHS. The Ihs might be refunded though, it might not.

PBS dependent visa is cheaper.

[deelazam]

Thanks again. Does that mean that a child's dependant visa depends on mother's visa category and not father's? If i apply for my daughter's tier 2 visa now, she will only get the leave for as long as my wife's tier 2 is valid (till Sep 2019) which means I will have to apply for another visa (ILR dependant?) when that expires.

[vinny]

One of the applicant’s parents must be in the UK with limited leave to enter or remain, or be being granted, or have been granted, entry clearance, as a partner or a parent under this Appendix (referred to in this section as the “applicant’s parent”), and

prevents a daughter of a PBS dependant from applying for entry clearance as a ILR dependant.

Daughter may apply for a PBS dependant entry clearance, in line with mother.

If daughter comes as a PBS dependant, then her mother may also include her daughter in the mother's SET(O) application when mother is eligible.

[deelazam]

Thanks Vinny. Much appreciated.

Consider this;
If I don't bring my daughter now and my wife gets her ILR in March, presumably then my daughter will come as an ILR dependant? In that case, how long will she need to be here for before she is eligible for citizenship given that she does not meet continuous residence requirement?

[CR001]

There is no residence requirement for small children.

Have you clicked on the all the links vinny provided??

[vinny]

If I don't bring my daughter now and my wife gets her ILR in March, presumably then my daughter will come as an ILR dependant?

Yes.

If both parents have ILR, the you apply for a child settlement visa on form VAF4A and Appendix 1.

[deelazam]

oh, i missed the hyperlinks embedded in Vinny's reply (except for those with immigration clauses that obviously stood out). Apologies.

Thanks both.