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Visa query for children born outside UK

Archived UK Tier 1 (General) points system forum. This route no longer exists.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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Tier1DepQuery
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Visa query for children born outside UK

Post by Tier1DepQuery » Tue Jun 02, 2015 12:52 pm

Hi,
Please can you help me with the following visa query?
I am living and working the UK since October 2010 on Tier1 General Visa. I will be eligible to apply for ILR in September 2015. My wife is also living with me in the UK who is on dependent visa. We are married before entering UK.

We adopted a baby girl born to my wife's brother and his wife in our home country earlier this year. All the legal formalities related to adoption have been completed in our home country and the Passport is issued to the baby with my and wife's name as parents.

My wife is currently in our home country looking after the baby and will be applying for baby’s visa.

I have following queries.
A. Are we allowed to apply for additional dependent visa to enter UK?
B. Are we allowed to apply for family visitor visa to enter UK?
C. Are we eligible to apply for ILR together in September after entering UK on dependent visa? Does the 5 year period apply to children under 18?
D. Are we eligible to apply for ILR together in September after entering UK on Family visitor visa? Does the 5 year period apply to children under 18?
E. After entering the UK on Family visitor visa, is it allowed to switch to ILR from within UK?
F. My wife is currently in our home country. How long is she allowed to be outside UK before applying for ILR?

Regards,
A Tier-1VisaHolder

vinny
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Re: Visa query for children born outside UK

Post by vinny » Tue Jun 02, 2015 1:14 pm

Child may apply for a Tier 1 (General) Dependant visa and you may all apply for ILR (245CD,319E, 319J) together.

They should return to the UK before your wife's leave expires.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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CR001
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Re: Visa query for children born outside UK

Post by CR001 » Tue Jun 02, 2015 1:23 pm

@Vinny, would this not be a problem for the OP
adopted a baby girl born to my born to my wife's brother and his wife
https://www.gov.uk/government/publicati ... -the-rules
18.1
In the case of UK-based adopters hoping to adopt a child which has been given or ‘gifted’ to them by relatives abroad, there is very little chance of them being able to bring the child into the UK. The UK’s international obligations prevent any acceptance of such practices. Even if a foreign adoption has been completed, the requirements of the Immigration Rules will prevent an entry clearance being issued to such a child.
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vinny
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Re: Visa query for children born outside UK

Post by vinny » Tue Jun 02, 2015 1:31 pm

You may be right, as I'm not familiar with adoption limitations.

Thank you for pointing out the complications.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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CR001
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Re: Visa query for children born outside UK

Post by CR001 » Tue Jun 02, 2015 1:40 pm

You are welcome, there have been a few questions in the past on this exact scenario. Amber is quite knowledgeable from what I can remember.

OP might find this link useful on the process as a person who is resident in the UK.

Adoption Overview
Adopting Children from Overseas
Char (CR001 not Casa)
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Tier1DepQuery
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Re: Visa query for children born outside UK

Post by Tier1DepQuery » Wed Jun 03, 2015 3:03 pm

CR001 wrote:You are welcome, there have been a few questions in the past on this exact scenario. Amber is quite knowledgeable from what I can remember.

OP might find this link useful on the process as a person who is resident in the UK.

Adoption Overview
Adopting Children from Overseas
Thanks @CR001 for the help. I will deal with adoption. How about switching from family visitor visa to ILR from within UK?
Regards.

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CR001
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Re: Visa query for children born outside UK

Post by CR001 » Wed Jun 03, 2015 3:06 pm

Switching from a visitor visa to any other category in the UK is not permitted.

Your biggest obstacle is getting any type of visa for a child that is in effect a family members child, regardless of where the application is made.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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