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British Citizenship dependent visa type for wife and new born

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mkishokkumar
Newly Registered
Posts: 2
Joined: Tue Aug 11, 2020 9:07 pm
United Kingdom

British Citizenship dependent visa type for wife and new born

Post by mkishokkumar » Sun Mar 14, 2021 6:33 pm

Hello there,

First of all I have to say a massive thanks to all of the members here, who are responding to the queries, You all are amazing.

I am here to ask you a favour, here my situation below, kindly suggest me on this please?

Currently I live in the UK , recently got a British citizenship, my route is Tier 2 General -> ILR -> Citizenship

My family went to India for my second child delivery on Jan 2020, who born on 25h of March 2020 (during that time I had ILR), they are still in India and planning to come back to UK

At present my wife and my first son who are on Tier 2 general dependent visa which expires on November 2022, however my wife will be completing 5 years of stay by April 2022 in Tier 2 general dependent.

Here are my question

1. For my second born son in India, what visa should I be applying for him from India to travel back to UK?

2. For wife, once she completed 5 yrs in tier 2 dependent, will she be able to apply for a ILR directly? would be any complications like I am in citizenship and she is in tier 2 dependent

Thank you in advance

secret.simon
Moderator
Posts: 11533
Joined: Thu Feb 21, 2013 9:29 pm

Re: British Citizenship dependent visa type for wife and new born

Post by secret.simon » Sun Mar 14, 2021 7:52 pm

mkishokkumar wrote:
Sun Mar 14, 2021 6:33 pm
born on 25h of March 2020 (during that time I had ILR)
Children born abroad follow the same immigration pathway as the second (less-privileged) parent. So the child should apply for the same visa as the mother (in this case).

The second child will also need to apply for ILR along with the mother before being registered as a British citizen.

Had the child been born in the UK, it would have been born as a British citizen (as one parent already had ILR).
mkishokkumar wrote:
Sun Mar 14, 2021 6:33 pm
2. For wife, once she completed 5 yrs in tier 2 dependent, will she be able to apply for a ILR directly? would be any complications like I am in citizenship and she is in tier 2 dependent
If you got your own ILR based on a five year PBS route (such as Tier 2 General), then yes.

The mother and both children can apply for ILR together. They can all apply for British citizenship immediately after their ILR.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

mkishokkumar
Newly Registered
Posts: 2
Joined: Tue Aug 11, 2020 9:07 pm
United Kingdom

Re: British Citizenship dependent visa type for wife and new born

Post by mkishokkumar » Mon Mar 15, 2021 6:56 pm

Many many thanks Simon

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