Dependent on Graduate Visa

I also need an urgent help or guidance. I am also in a very tricky situation. We are on a graduate visa. My son born last year in UK, he has his UK birth certificate and passport. In an emergency we travelled back home without applying his visa. We thought we can apply his visa from outside UK. Now, when we are trying to file his visa from outside we are not getting option to apply his visa from outside. We were totally unaware that we cannot apply from outside UK. It is a total blunder from our side we never thought we will stuck in this situation. Does someone came across this kind of situation?? We are very much worried and not sure what we have to do. Any help or guidance is much appreciated. Thanks a ton in advance for your kind support

If the child had been born while you were on the Student visa, they could have applied in the UK as your Graduate dependant. However if they were born under your Graduate visa there is no provision to apply as your Graduate dependant at all, including applying in the UK. A child born in the UK to someone with a Graduate visa can stay lawfully without applying for any visa, but if it leaves the UK it will need some sort of visa to return.

You will need to apply under a separate part of the immigration rules, not as a Graduate dependant. The relevant rule is Part 8: Family members, paragraph 305 "leave to enter [...] as the child of a parent [...] given leave to [...] remain in the [UK]".

https://www.gov.uk/guidance/immigration ... ly-members

If you were applying in the UK, it would be the FLR(HRO) form, but it is not clear to me how you apply from outside the UK. It's definitely possible, but I recommend professional advice to check how to apply.

The child was only eligible for free NHS treatment up to the age of 3 months, so if they have received treatment and not paid, that may need to be settled before a visa could be granted. I recommend professional advice about that aspect too.

Thanks to @sah10406 for pointing out an unexpected limitation of GR 9.4.

Please let us know how you get on with the challenges of applying on the elusive UK born child rules application forms.