Tier 1 Extension & Child Born in UK Query

[mantasingh]

HI Gurus

I have 2 questions for which I need answer before taking any decision about my Tier 1 Extensions.

My Case:
Tier 1 General first granted in Jul, 10 for 2 years.
Came to UK first time in Feb, 11 on deputation from an Indian Company
Extended my Tier 1 along with my wife & 1 child (born outside UK) in Jul, 12. Current Validity till Jul, 15
Left UK in Aug, 12 as my project came to an end and went back to India. Worked in India till Oct, 12 and came back to UK to join another company.
Since then I am in UK and has never been out.

Queries:
1. My second child is born in UK in Dec, 13.
Due to the fees hike becoming effective from April 14, I was considering to go for an early Tier 1 Extension for myself, my wife & my first child. I will be short of 7 months for ILR due to late entry so need an extension beyond Jul, 15 to cover period till Feb, 16 to become eligible for ILR. If I go for extension in March, 14, I will get 3 years extension till Mar, 17 which will cover my ILR eligibility.

Can I go ahead with mine, my wife & my Indian born child extension and leave my UK born child without Tier 1 Visa?
Can she stay in UK without any UK Visa stamping on her passport till I get ILR. I heard that UK born children can get British Citizenship straight away when parents become eligible for ILR.

I know I won't be able to travel with my second child outside UK. And if I travel then the child will need a Visa to enter. But I have no plans of travelling till Feb, 16, so is this an option that I don't include her on my Tier 1 Extension application till I become eligible for ILR.

2. As I went back in Aug, 12 and worked in India and then came back to UK in Oct, 12, will this have an impact on my continuity (for 5 years) to be eligible for ILR. During the period from Aug, 12 to Oct, 12 I had a no earning in UK and was paid Indian salary. I resigned in India and then joined a new company in UK in Oct, 12.

Will this break of around 80 days impact my eligibility for ILR?

Request you to please respond so that I can plan when will be the best time to file my ILR and with how many dependents.

Please let me know in case you need any other information.

Thanks in advance.

[mantasingh]

I think, I got answer to my first query about UK born Child.

Please if someone can answer my second query.
I left UK for 80 days and during that time I was on Indian payroll. Then I came back to UK and since then I am on UK payroll.
Is my 5 year continuity broken by being on Indian Payroll for 80 days?

[UKBALoveStory]

I think, I got answer to my first query about UK born Child.

Please if someone can answer my second query.
I left UK for 80 days and during that time I was on Indian payroll. Then I came back to UK and since then I am on UK payroll.
Is my 5 year continuity broken by being on Indian Payroll for 80 days?

You can stay out of uk for 180 days per 12 months.(assuming you are on tier 1).