dependant visa enquiry for my baby girl pls

[angie.edi]

Hi Anyone can help me please. My situation as below:

I am under dependant visa of my husband's Tier 1 General and both will be expired on 31Dec2012 and will be extended by then. We have a lovely daughter, we only obtained her passport but did not apply any visa for her as we did not plan to travel outside the UK. Now she is 15 months old and we are planning to let our parents take her back to China for about 1 year and half. I only know it is ok for her to travel back to China with her passport and she needs visa for coming back at the end of next year.

My question is, is it better to get her visa first before she goes? (we can get her visa when we get our visa extended at the end of the year)

or is it better to send her home without visa, then apply for dependant visa on her return when she is in CHina(as if she get her visa before she goes, she will stay around 1.5 year in China, I am not sure if this long stay will affect her future visa application or not)?

I am really worried and do not know what to do. Any professonals can help me out, please?

many thanks in advance

[vinny]

There's no point in her applying for leave to remain in the UK, if it will expire before she returns to the UK. However, if you're all extending prior to her departure, then she may be included.

[angie.edi]

Dear Vinny,

Many thanks for your quick reply. I am sorry that I made a mistake, we are under Tier 2 Work Permit (PBS) visa right now, I am my hubby's dependant. Does that make any difference ?

I am also worried if we send her back without visa, then apply her leave to enter(entry clearance) as PBS dependant visa before she comes back, will this long stay outside UK affect her future visa application in the UK (maybe PR or British Citizen after we obtained ours) ?

Many thanks again

[angie.edi]

Hi Vinny, sorry one more concern is:

if it will not affect her future visa application, I am planning to send her home without visa,

but do you think it is easy to apply her Leave to enter(entry clearance) PBS dependant in China before she comes back ?

Or will there be any risk to get refusal ?

Or is it the best way to get her included in our visa extension at the end of the year, then send her back to China after visa renewal(which means she will have visa for 2 years, but she will stay outside UK for 1.5 year ? is this long stay Ok)?

many thanks

[vinny]

Both ways should be fine, provided she satisfies the requirements at the time. Moreover, just register her as British after you're granted ILR.

[shargaur]

Hi

First of all, you will not be expired it's your visa that will be expired.

I agree to vinny that you don't need to apply unless she is coming back soon. Even if you apply now she will only get the visa till the visa expiry date of your husband. You will renew yours and you have to renew her's also.

The best thing would be to send the daughter to China. Make sure you have registered her birth here and have a proper birth certificate so that you can apply before she is willing to come.

Hope this helps.

Cheers
Gaurav

[angie.edi]

Hi Vinny,

Many thanks for your reply and they have been really helpful.

thanks a lot

[angie.edi]

Hi

First of all, you will not be expired it's your visa that will be expired.

I agree to vinny that you don't need to apply unless she is coming back soon. Even if you apply now she will only get the visa till the visa expiry date of your husband. You will renew yours and you have to renew her's also.

The best thing would be to send the daughter to China. Make sure you have registered her birth here and have a proper birth certificate so that you can apply before she is willing to come.

Hope this helps.

Cheers
Gaurav

Hi, Gaurav, many thanks for your advice. I am planning to do so.

[angie.edi]

Both ways should be fine, provided she satisfies the requirements at the time. Moreover, just register her as British after you're granted ILR.

Hi, last concern i guess, how long in advance can I apply for her visa before her return? We plan to get her back on Dec 2013.

Should I apply her visa in China right after our visa extension at the end of 2012? Or we'd better wait until 1-2mth before (say Oct 2013) she comes back to the UK?

Can we ask our parents apply visa on her behalf or she has to be there in person ? any finger print need to be taken pls?