What visa for Baby born in India

[ariesnr]

Hi all,

I have a kind of tricky situation,i would very much appreciate advice on the situation

1.I am on ILR Visa from March 2010.I was previously on Tier 1 General.

2.I got married in india in Nov 2008.My wife come over to UK in Nov 2008 on a Tier 1 General Dependent Visa.

3.We are expecting our first child in May 2010.My wife returned to india in Nov 2009 for pregnancy/delivery to happen in india.

My question now is

1.What visa should i arrange for to get my wife & child back to UK?

2.Should i apply for indian passport for the child & apply for dependent ILR ?

3.Should i apply for dependent ILR for my wife ? will she be eligible...because of 6 months stay out of uk...will that be a problem?

4.Apply for Dependent ILR together for my wife and the child?

5.Should i apply for ILR for my wife and if she is sucessful ...apply for british passport for child( as both parents on ILR)

6.Will the child be eligible for british citizenship(by registration) because of my ILR Status alone ....even though the child will be born in India.

7.Can my wife return to UK on the same Tier 1 general dependent visa with the child ( adding the child to mothers passport?!..if at all this is possible.

Now all i want to do is to bring my wife and child back to the uk as soon as possible....i am not keen to keep child & wife in india and battle it out with the british embassy.( i mean dont want to go for long delay /appeals etc)

If anyone could guide me with the best possible option that will be really helpful

Cheers

Ariesnr

[immigrationuk2009]

Hi all,

I have a kind of tricky situation,i would very much appreciate advice on the situation

1.I am on ILR Visa from March 2010.I was previously on Tier 1 General.

2.I got married in india in Nov 2008.My wife come over to UK in Nov 2008 on a Tier 1 General Dependent Visa.

3.We are expecting our first child in May 2010.My wife returned to india in Nov 2009 for pregnancy/delivery to happen in india.

My question now is

1.What visa should i arrange for to get my wife & child back to UK?

2.Should i apply for indian passport for the child & apply for dependent ILR ?

3.Should i apply for dependent ILR for my wife ? will she be eligible...because of 6 months stay out of uk...will that be a problem?

4.Apply for Dependent ILR together for my wife and the child?

5.Should i apply for ILR for my wife and if she is sucessful ...apply for british passport for child( as both parents on ILR)

6.Will the child be eligible for british citizenship(by registration) because of my ILR Status alone ....even though the child will be born in India.

7.Can my wife return to UK on the same Tier 1 general dependent visa with the child ( adding the child to mothers passport?!..if at all this is possible.

Now all i want to do is to bring my wife and child back to the uk as soon as possible....i am not keen to keep child & wife in india and battle it out with the british embassy.( i mean dont want to go for long delay /appeals etc)

If anyone could guide me with the best possible option that will be really helpful

Cheers

Ariesnr

Let me summaries your situation here.


You have

1.ILR
2.Your wife status was as Tier dependent on your visa(Proerbly 3 years visa)
3.She left for Indian and your child is born...I assume her visa is remaining...Please tell me how much?

4.Now options for you.


1.You can not register your child as British as you only have ILR.If you both have ILR then your child was British.At this time no...So leave this out

2.One option is apply for you child as your dependent and then your wife can travel with your son.As your wife has already this visa so you would get this visa easily.

You can fine detail which form you need to fill to apply for child visa.Yes you have to apply for child passport in India..Otherwise how you would apply for his visa.So do it in your first step.

3.How your wife can apply for ILR...I dont belive she can...There is ILE VISA if you have been married for 4 years outside UK.Both I belive you would not qualify for that...As your wife was in UK with you...

But better you should check this...I belive No

4.One more thing to check weather your wife would be able to convert to Spouse visa inside UK...I belive Yes..But I would double check for you.

If yes then your wife can convert to spouse visa when she is in Uk and her Tier dependent visa would finish.

So only good option looking to me here is apply for your child Indian Passport and then apply for his dependent visa.

Hold on for one minute..

Why not you should apply for your wife spouse visa now with your child from India...I belive you should


UK_Banned_Member

[John]

ariesnr, now that you have ILR you have "settled status" and now your wife needs to apply for a 27-month spouse visa, and for your child application needs to be made for a 27-month Child Settlement visa.

You will appreciate that the decision of your wife to have the baby outside the UK is, well, not good, from the point of view of visas and Citizenship. For starters, if the baby had been born in the UK, the baby would have been been British from the moment of birth, if born after the issue of your ILR, or if born before you got your ILR, you would now be able to register the child as British. But being born outside the UK changes all that.

[ariesnr]

Hey Thanks for advice.

My wifes Tier 1 General visa is valid until 2012.

I spoke to a immigration Attorney who say that i should apply for Settlement visa for my wife first and then i can register the child as British citizen(as both parents on ILR)...Dont know how much this is possible.

i spoke to the British consulate in India who advice me that the child will get the visa which the mother is on (ie )Tier 1 general Dependent.

I fully appreciate that my wifes decision to deliver baby in India...is a very bad decision from the Visa side of the things......

still unclear how to proceed....

Cheers
Ariesnr

[vinny]

then i can register the child as British citizen(as both parents on ILR)...Dont know how much this is possible.

Subject to discretion (3(1)). In particular, 9.17.9 and 9.17.24-9.17.27.

Proceed as John had advised.

[immigrationuk2009]

Hi

Hey Thanks for advice.

My wifes Tier 1 General visa is valid until 2012.

I spoke to a immigration Attorney who say that i should apply for Settlement visa for my wife first and then i can register the child as British citizen(as both parents on ILR)...Dont know how much this is possible.

i spoke to the British consulate in India who advice me that the child will get the visa which the mother is on (ie )Tier 1 general Dependent.

I fully appreciate that my wifes decision to deliver baby in India...is a very bad decision from the Visa side of the things......
ill
still unclear how to proceed....

Cheers
Ariesnr

Still confuse on one point..You said your wife is on Tier1 Dependent visa then how you both have ILR.
Do your wife has ILR as well?

UK_Banned_Member

[ariesnr]

Dear All,

My wife is currently on Tier 1 General Dependent Visa.The attorney is advicing to apply for ILE for wife now and get it in 2 months or so in india itself.The child is due in mid May 2010 .

as rightly said its discretinary only...but whats the probability of discretion comming in our favour..if anyone know....please advice

but do i have to apply for spouse visa??.wont the Dependent tier 1 general visa she is currently on good enough for her return to UK? Wont she& child be eligible for ILE as my dependents itself.wife was in uk from nov 2008 to nov 2009.

Cheers

Ariesnr

[immigrationuk2009]

Dear All,

My wife is currently on Tier 1 General Dependent Visa.The attorney is advicing to apply for ILE for wife now and get it in 2 months or so in india itself.The child is due in mid May 2010 .

as rightly said its discretinary only...but whats the probability of discretion comming in our favour..if anyone know....please advice

but do i have to apply for spouse visa??.wont the Dependent tier 1 general visa she is currently on good enough for her return to UK? Wont she& child be eligible for ILE as my dependents itself.wife was in uk from nov 2008 to nov 2009.

Cheers

Ariesnr

So why you were saying you both of ILR..

Anyway if you are married for at least four years then you can apply for ILE

But my concern is you have been living previously in UK not outside UK..While for ILE you should be married for at least four years outside UK..

Dont know but I belive you can apply for ILE and your wife would get ILE with KOL required.Once she has done Life In Uk Test then she would get ILE..

As I already said your wife has Tier Dependent visa so you can easily apply for child dependent visa and travel to UK..But remember rules are going to change in July 2011 so you should focus on permanent status.


UK_Banned_Member

[ariesnr]

Hey all,

If my wife was in UK when i applied for ILR in February 2010,i thought i could have included her as my dependent and got her settlement (ILR) aslo at the same time as me.....Iif this is possible then by logic i am thinking that my wife and child(when born) shoulde be eligible to apply for settlement as my dependents from India also....not sure wether logic works here.....

I fully agree getting Tier 1 Generall dependent visa for the child is the easiest/quickest/straightforward way to get wife and child to travel back to UK.

Once wife and child are overhere then i should be able to immediately apply for ILR for wife & child as my dependents...and possibly beat the July 2011 deadline before new rules come into effect

Cheers
Ariesnr

[John]

Once wife and child are overhere then i should be able to immediately apply for ILR for wife & child as my dependents...and possibly beat the July 2011 deadline before new rules come into effect

Who on earth is giving you this information? Are you sure that the person you are speaking to is a qualified person, authorised by law to give immigration advice?

[immigrationuk2009]

Hi

Once wife and child are overhere then i should be able to immediately apply for ILR for wife & child as my dependents...and possibly beat the July 2011 deadline before new rules come into effect

Who on earth is giving you this information? Are you sure that the person you are speaking to is a qualified person, authorized by law to give immigration advice?

We all said best would be to apply for ILE visa from outside Uk.

John is right...I dont know weather this would be possible for your wife to apply for ILR once in UK.
I would double check.

But to me if your wife qualifies for ILR when you applied so why on earth she can not apply in UK.

Technically she can...But I am not sure about that

I belive Yes she can...You are applying late but why the hell she can not qualify now...


UK_Banned_Member

[ariesnr]

Hey All,

My wife was eligible to apply for ILR along with me when i applied in Feb2010(provided my wife was in the UK at that time).This was the advice given by the guys at the Immigration enquiry bureau helpline 0870 606 7766.I Beleive these guys are qualified and authorised by the law to give immigration advice.

The strange thing here is the confusion happening between ILR& ILE.Is the requirements for ILR and ILE diffrent other than the obvious fact each applies on wether the person is inside UK or outside.....

Cheers
Ariesnr

[immigrationuk2009]

Hey All,

The strange thing here is the confusion happening between ILR& ILE.Is the requirements for ILR and ILE diffrent other than the obvious fact each applies on wether the person is inside UK or outside.....

Cheers
Ariesnr

Both are permanent stay but ILE is applied oversea if you have been married for four years outside UK while ILR is applied Inside UK.

Otherwise both are free from time restrictions on your stay.

UK_Banned_Member

[ariesnr]

Hey All,

The my wife wont be eligible for ILE as we are married only for 15 months in total,of which 12 months we were together in UK.

So now the question of ILE is out of the window.

Cheers
Ariesnr

[immigrationuk2009]

Hey All,

The my wife wont be eligible for ILE as we are married only for 15 months in total,of which 12 months we were together in UK.

So now the question of ILE is out of the window.

Cheers
Ariesnr

Then simply apply for Your wife spouse visa as we all have advised.


UK_Banned_Member

[diago_nelson]

John, One question I have here...
If the father has ILR status and mother applies for 27-month spouse visa, the child applying from outside the UK, does not get ILE ?
Is it time restricted to 27 months ?
Thanks.

ariesnr, now that you have ILR you have "settled status" and now your wife needs to apply for a 27-month spouse visa, and for your child application needs to be made for a 27-month Child Settlement visa.
.

[ariesnr]

Hi All,

Many thanks to all those who helped me to get visa for my wife and child.

Many thanks to you John.

As per your advice applied for spouse visa of settled person (for wife)
and dependent of settled person(for my daughter)

Result

Got entry clearence visa issued for both wife and baby

Visa valid for 27 months

No recourse to public funds for both

Applied in Chennai/India----Applied on 5/8/10
Visa Issued+passport received 20/9/10.

If anyone need advice please contact
Many thanks
Ariesnr

[John]

Many congratulations on the issue of visas, but then, why not!

No recourse to public funds for both

But you have ILR, so it is worth looking at the overall situation. For reasons as explained in the Claiming Benefits section of this Board, as soon as your wife and child are back in the UK (visas issued 3 days ago but have they already entered the UK?) there is no problem Child Benefit being claim by you, and Tax Credits claimed jointly by you and your wife.