Registering as BC for child born in India

[MB2012]

Hello all,

My husband got ILR along with me and my daughter based on his 5 years work permit basis and we as his dependants on 19th January 2012.

My daughter was born in India in Mar 2009 and arrived in UK Oct 2009.

My husband came to UK on 13th Feb 2007 on WP and stayed continuous for more 5 years now.

I came to UK 17th Dec 2006 on my own 2 years WP (but I have absences of 10 months for child birth without any valid Uk visa from Dec 2008 till July 2009 when I switched as my husband's dependant along with my daughter).

However me and my daughter returned to UK on dependant visa in Oct 2009 and living here since then.

Now that we all 3 got ILR on 19 Jan 2012 -

1. When can my husband apply for BC? Can he apply on 19th Jan 2013 or have to wait till 13th Feb 2013 to apply?
2. Can he include my daughter in the same application (MN1 form)? Which section will she qualify under ?
3. Since I have absences totalling to 386 days till date , will it be safe to wait till my husband gets BC and then me and my daughter apply together based on 3 years residence requirement.

Kindly advise.

[Jambo]

1. When can my husband apply for BC? Can he apply on 19th Jan 2013 or have to wait till 13th Feb 2013 to apply?

13/01/2013 (1 year after ILR) assuming he meets the requirements. See Q1 in FAQ - most common questions.

2. Can he include my daughter in the same application (MN1 form)? Which section will she qualify under ?

Yes. Applying under section 3(1).

3. Since I have absences totalling to 386 days till date , will it be safe to wait till my husband gets BC and then me and my daughter apply together based on 3 years residence requirement.

You are allowed upto 450 day of absence (including the 8 months in 2009). You should have no problem applying together with your husband if you meet the requirements.