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Regarding visa for my baby born in India

My husband was initially with Tier 1 visa, by 2013 march he got his ILR and i am on Tier 1 depandent and it is valid till October 2014. I stayed in uk from march 2011 to November 2012 and came to India for delivery. I went to VFS office to apply visa for my baby ( born before 2 months). I filled Tier 1 dependant visa application ( my husband checked with agent and they said that baby is not eligible for settlement visa, as I don't have ILR). But in VFS office they refused to get the application since my husband (he is the main applicant) is with ILR baby can only apply Settlement visa. I had filled in that application also before hand so submitted for settlement visa with lots of confusion

My clarifications are below

1. Is my child eligible for settlement visa which I have submitted already?
2. How many days it will be to know the status of thus visa
3. If something goes negative what should be my next move?

I think that the VFS office is wrong.

vinny wrote:I think that the VFS office is wrong.

Thanks Vinny for your reply. Could you please let me know what should I do next if the visa is rejected?

1) Re-Apply for tier-1 (dependent) visa immediately after the rejection?
2) Any other possible way to appeal?

OR

1) Can I apply for FLR in India and then apply ILR for my kid?

Advance Thanks
Mathy

The Tier 1 dependant visa may be easier.

However, the settlement route is also possible, if the child and parents satisfy the requirements.

This seems to be the case where multiple rules are applicable.

If one parent is on ilr visa , child is eligible for Settelement visa.
I think ur baby visa applied is correct. But I have a doubt in ur visa part.
As u r on tier 1 dependent , once ur husband switched from teir 1 visa to ilr ur visa might have lapsed. I doubt u should also have applied for settelment visa along with ur child. This is just my view of information which I got at the time of my application. Seems home office give visa according to the less date which individual spouse holds.
From which Vfs u applied from and when did u submit ??

If u had flr m visa and ur Husb ilr , then it was ok. Or both on ilr. Ilr and tier 1 I have doubt. Please cross check with agents

Thanks Vinny & Sheyuami.

@Sheyuami: I am 100% sure that my tier-1 is valid. I applied in cochin VFS office. My visa status is under process now. Hoping for a positive reply. I will keep updated with the result.

Thanks
Mathy

Mathy,

Please update ur visa status once u get. My solicitor made me switch my visa. It would be great if i could do know this response.

Good luck.

Sheyuami wrote:Mathy,

Please update ur visa status once u get. My solicitor made me switch my visa. It would be great if i could do know this response.

Good luck.

Finally the hurdle is over. I applied visa (settlement) for my daughter on 09/05/2013 in Cochin and got it on 30/07/2013. Its valid for 5 Yrs.