Visa category for my daughter

[netramehta]

Hello All,

Needed a quick suggestion on applying for my daughter s uk visa from India.

The scenario is :
Father has ILR
I (mother) am on tier 2 dependent status which is going to expire in April 2018.

Under what category shall we apply for our daughter s visa.

Options :
1 . I extend my pbs dependent visa and apply my daughter visa as pbs dependent.
Again would it be better to apply for extension from.India or from UK. If i apply from.india tgere are chances it can reset my clock.

2. My daughter to apply under settlement visa as her dad is settled.

3. We both apply as ilr dependent visa from India.

A quick reply would be really helpful as there are lot of confusions. Kindly help.

Thanks,
Netra

[CR001]

1 . I extend my pbs dependent visa and apply my daughter visa as pbs dependent.
Again would it be better to apply for extension from.India or from UK. If i apply from.india tgere are chances it can reset my clock.

You cannot apply for an extension from abroad. Extensions are for applications within the UK. Applications outside the UK are an entry clearance.

2. My daughter to apply under settlement visa as her dad is settled.

No. She must apply for the same visa category as what you hold.

3. We both apply as ilr dependent visa from India.

Yes you could, but your clock will be reset to zero and a new 5 year route to ILR.

[netramehta]

Hello All,

We are stuck up in the same position as Hari
Unfortunately we did not come across this thread earlier and applied as the same way as Hari.

So me and my husband were on tier 2 visa and tier 2 dependent visa respectively. In april 2017 our daughter was born in London but in May me and my daughter travelled to India with my daughter s indian passport.

Later on in Nov 17 my husband got ilr and in nov emd we applied for settlement visa for my daughter when yesterday only we got mail from ukvi to withdraw our application citing the reason same as given by Hari i.e dad is settled but mom on tier 2 dependemt visa.

Hari , it would be really helpful if you can guide us on how did u proceed. Shall we apply for pbs dependent visa for my daughter now. What did u do to finally get your baby in UK.

Please help. I am looking for an urgent answer if you could help.

Many thanks
Netra

[vinny]

I think that your UK born daughter actually should have succeeded under the UK born visa rules. Unfortunately, these rules are often ignored. There appears to be no obvious way to apply under this route. She may try appealing on that basis.

She may also apply for a PBS dependant visa, in line with you.

However, simplest is Register your daughter and subsequently apply for a British passport.

The problem is time, as your visa is expiring in April. You may have to return to the UK by yourself before expiry and extend or apply for ILR, if eligible, first.

[netramehta]

Many thanks for your quick reply.

I think the route that we are thinking now is.

I travel to uk leaving behind my daughter in india with her grandparents and apply for extension of my pbs dependent visa from uk in priority service.

Then me coming back to India asap and apply for my daughter visa under pbs dependent child category.

Could you please guide on the above point.


Another point is.. I have valid visa till April. What if I apply my daughter visa as pbs dependent now. And they give visa to my daughter as per my status i.e. april 18 and we go to uk and extend both our visas there so as to avoid travelling to uk without my daughter.
The only concern here is.. my visa lasts for approx another month so are there chances that they might not consider this. I mean are there any rules where it says that my visa should be valid for lets say atleast next 3 months or 6 months before applying for dependent visas??

Really confused how to proceed

Please help.
Many thanks in advance,
Netra

[vinny]

I don't think that there are any rules that require a minimum period of validity on your visa. Unfortunately, there is also a chance that they may not reach a decision on your daughter's visa application before the expiry of your visa.

If they are quick, then your daughter may travel back with you. But if they are slow, then you both have to apply for settlement visas, resetting your qualifying period for ILR.

[netramehta]

Yes the time limit is the concern for the second point.
But I saw a priority service when applying under this category which takes some 17k and they claim to.give you visa within 5 working days. If this holds true and then lets say we apply by March first week then there are chances that we will be able to get her a visa.
But yes there is always an element of uncertainty

Wish there had been clear straight rules.

If this option doesnt work then only option left would be me travelling to uk and then after coming back applying for her visa. Could hoy please throw light on this point to help me. Does this look a good option to go ahead.

Thanks alot for your quick responses. Means alot!

[vinny]

If this option doesnt work then only option left would be me travelling to uk and then after coming back applying for her visa. Could hoy please throw light on this point to help me. Does this look a good option to go ahead.

Yes.

[vinny]

Wish there had been clear straight rules.

Indeed!

[netramehta]

Thanks alot!
Hoping for the best now !

[vinny]

Don't forget, if the quick option doesn't work, then you must also be quick to get your documents back and travel on your own prior to expiry of leave.

[netramehta]

Hello,

Needes a quick help on applying for my daughter pbs dependent visa.
Could you please help in answering them.

1. As I told my husband is on ilr and I(mother) on tier 2 general dependent visa.
So I should apply under pbs dependent child category. Is this correct?

2. Is pbs dependent child same as tier 2 dependent. I mean are there 2 different links for these or are they same.

3. I could see two of the links for applying :

A. https://www.visa4uk.fco.gov.uk/home/welcome
Where visa type is tier 2 general and sub type..child upto 3 years
B. Another link that I found was :
https://visas-immigration.service.gov.u ... attend-vac

So which is the correct link to fill the application. A or B? Plz guide me towards correct link for filling the form.

4. If I go with option B, it asks me with whom will my daughter be travelling or planning to join in UK. Wpuld it be me or my husband? Sponsor would be my husband but he is on ilr. My daughter would be travelling with me to UK. So confusion here is who would be the main applicant?


Please can you advise urgently on this.

Many thanks,
Netra

[netramehta]

Hello All,

My husband has got ILR(via Tier 2 general route in 5 years) and I am currently on my Tier2 dependent visa.

Our daughter was born in UK in April 2017 in London after which she and I travelled to India with her indian passport.

Now we need to apply for her visa from India. Please could you help with below questions:

1) Shall we apply for her visa under pbs dependent i.e Tier 2 General - Child upto 3 years and via visa4uk website?
2) If 1) is yes, who is going to be the main applicant? Father (who has ILR) or mother (who is Pbs dependent).

For your information, we applied for her visa in Nov under settlement category as we thought father is settled now and waited for almost 3 months for an answer. And just couple of days back we got a reply from ukvi to withdraw our application as father is settled but mother is still pbs dependent. So we will need to reapply for her visa.

Please help as we need to apply urgently now. ( Though we have no idea when we are going to get her passport back ) - Do you have any idea on when can we receive the passport?


Thanks in advance.

Regards,
Netra

[vinny]

Posts merged.

[netramehta]

Kindly help.

Sorry for creating the confusion.

[netramehta]

Kindly help.

Sorry for creating the confusion.

[vinny]

Not sure what options you pick, as it's an on-line application. An important point is that daughter's leave will be under 319H and 319I.