ILR dependant visa for spouse and kid (outside UK)

[gotomahi]

I have a complex situation, could you please help me out, which dependant application should i use for spouse and kid.

1. Entered into UK with workpermit on March 2008.
2. Got Tier2(general) points based visa extension in January 2010.
3. Spouse got dependant visa in January 2010(applied outside UK).
4. Spouse entered into UK in February 2010.
5. we got Tier2(general) extension and PBS dependant visas in May 2012. valid until March 2014.
6. My wife went to India on August 2012, as she was pregnant. now she gave a birth to baby girl in January 2013.
7. I got ILR in Febraury 2013.

Now i want bring my wife and kid to UK. what visa should i apply for both of them?

[vinny]

See also Wife's Tier 1 Dependent Visa Valid ? after my ILR approved.

[gotomahi]

See also Wife's Tier 1 Dependent Visa Valid ? after my ILR approved.

Thanks for your quick response and its very much appreciated.

[vinny]

Hi,

I am holding ILR visa.
My wife is on PBS dependant visa and is valid until March 2014.
Our kid born outside of UK and we need to apply visa for kid outside of UK.

which application shall i use for kid?
what documents are required?

[vinny]

See also ILR Dependent visa application for family living in India.

[gotomahi]

See also ILR Dependent visa application for family living in India.

Hi Vinny,

I have applied PBS dependant visa for my kid of age less than a year and its been refused for the following reason in letter.
is the following decision correct? if not, could you please tell me what basis can i appeal?


The Decision

You have applied as a child of a Tier 2 migrant. I note that your father previously held leave to remain as a Tier 2 migrant but has now been granted indefinite leave to remain in the UK. Your mother holds a Biometric residence permit as a PBS dependant. However, this leave to remain was granted on 18/05/2012 when your father still held leave to remain under Tier 2 of the points based system. As your father no longer hold leave to remain under Tier 2 I am satisfied that basis on which your mothers leave to remain was granted no longer exists and, as such, her leave to remain in the UK is no longer valid.

In light of the above, I am not satisfied that you are the child of a parent who has, or is at the same time being granted, valid entry clearance, leave to enter or remain as:

(i) a Relevent Points Based System Migrant, or
(ii)the partner of Relevent Points Based System Migrant

(Paragraph 319H(b) HC395)

I have therefore refused your application because i am not satisfied, on the balance of probabilities, that you meet all of the requirements of the relevant Paragraph of the United Kingdom Immigration Rules.