Child born in the UK now visa expired

rachel_23 · Post by **rachel_23** » Thu Feb 12, 2015 5:25 pm

Hi all, I have a urgent question.

I am now a tier 4 student in uk, my daughter was born in the uk in 2012. I was my husband's tier 1 PSW dependant when my daughter was born. We applied a tier 1 PSW dependant visa for her when we three went back to our home country in 2013.
Later, My husband and I both switched to Tier 4 student (he is now my dependant) in 2014, but we did not do this for our daughter. It was because on the UKBA website, it states that we have to apply for a visa for a child when go in or out of UK. Her visa expired in Feb 2014.
But now I am planning to go to my home country, while my university advisor told me I should have renewed my daughter's visa when it expired. Now she is technically illegal staying here.
What can I do now? My university advisor also doesn't know how to handle it.
If now I apply to extend her visa to be my tier 4 dependant, will she be refused?

Post by **Greenie** » Thu Feb 12, 2015 5:30 pm

Are you planning on coming back to the UK? When are you leaving?

rachel_23 · Post by **rachel_23** » Thu Feb 12, 2015 5:33 pm

Greenie wrote:Are you planning on coming back to the UK? When are you leaving?

My current visa expires in 2019. I plan to go abroad in March and go back UK in April.

Post by **Greenie** » Fri Feb 13, 2015 7:32 am

An application for leave to remain under the Tier 4 dependant rules would fall for refusal as she has overstayed for more than 28 days however you could apply under paragraphs 305-309 as she is a child born in the uk who is not a British citizen. Ask your university advisor to look up these rules and then refer you to a competent immigration solicitor who can assist you with such an application. However note you will be unlikely to get a decision before march.

rachel_23 · Post by **rachel_23** » Fri Feb 13, 2015 8:49 am

Greenie wrote:An application for leave to remain under the Tier 4 dependant rules would fall for refusal as she has overstayed for more than 28 days however you could apply under paragraphs 305-309 as she is a child born in the uk who is not a British citizen. Ask your university advisor to look up these rules and then refer you to a competent immigration solicitor who can assist you with such an application. However note you will be unlikely to get a decision before march.

Do you mean I can still apply for her a tier 4 dependant visa?

Post by **Greenie** » Fri Feb 13, 2015 2:22 pm

No you will need to apply under paragraph 305-309 on form FLR(O).

rachel_23 · Post by **rachel_23** » Fri Feb 13, 2015 2:49 pm

Greenie wrote:No you will need to apply under paragraph 305-309 on form FLR(O).

Ok, I am finding a solicitor to discuss this. Thank you so much for this!

Post by **Greenie** » Fri Feb 13, 2015 4:23 pm

Let me know what area of the country you are in and I'll give you a list of reputable solicitors near you (pm me if you don't want to share online)

rachel_23 · Post by **rachel_23** » Sat Feb 14, 2015 1:55 am

Greenie wrote:Let me know what area of the country you are in and I'll give you a list of reputable solicitors near you (pm me if you don't want to share online)

My email address is rachel.dingyy@gmail.com, and I am in York, north yorkshire. Thank you! (i don't know how to pm you...)

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Child born in the UK now visa expired

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