Returning to UK with UK born son having no visa

[arifhusni]

Hi, 

I am from Malaysia and currently I am working in the UK on Tier 2 visa. I am already in Malaysia now due to an emergency. My son born in UK June13 doesn't have a visa. My question-

1. Is it possible to come back to the UK without him holding a dependent visa? In other words, can my son be considered as child visitor (visa is not required for Malaysian). We plan to apply for his dependent visa later once we are back in the UK.

2. Or can we not apply at all and do it together with my renewal on April 2015.

Everyones help is very much appreciated. My FIL just passed away so its kinda hectic now and I probably need to bounce back to work soon.

[manci]

IMHO it would be best if you obtained a PBS dependant visa for your son in Malaysia before returning to the UK. Presumably you have his birth certificate with you. Although I doubt if he would be refused entry at the UK border there is the question of whether the airline would allow him to fly. He is clearly not a "visitor" or a "child visitor" under the rules.

[arifhusni]

Thanks for your reply manci. Yes, I have his birth certificate with me. I am just worried it will take ages to get it done in Malaysia here. I haven't even studied what documents and how much fund is required. Do you or anyone can provide me a link?

When you say "he is not a visitor or child visitor under the rules", so what category is he under? Can you give me the link for me to read? I am quite confident the airline will allow him to travel, i am dead worried at the UK Border. I don't want ending up my wife deported back home with 2 kids. (My other child has visa)

I need to do alot of studying tonight. With everything that just happened, i am worried i might get things wrong.

[manci]

the PBS Dependant policy guidance is here:
https://www.gov.uk/government/uploads/s ... _04-14.pdf
the visa application form VAF 10 is here (although you would probably have to apply online):
https://www.gov.uk/government/uploads/s ... /vaf10.pdf

You are understandably concerned but immigration officers at the airport have discretion, that is why I suggested that your UK born son would be unlikely to be denied entry. Have all documents with you that relate to the reasons for the emergency travel of the family to Malaysia.

Also try to contact the British HC in KL for advice:

Level 27 Menara Binjai, 2 Jalan Binjai, KL
email: consular.mail@fco.gov.uk
phone: +603 2170 2200
fax: +603 2170 2370

[arifhusni]

Thanks mate. It seems pretty straight forward. The only problem is that I don't have any of my bank slips with me here. Is it ok if I just print them out? Or can I use the grandmother's account to show 600 pounds (around RM3500) funds available in the pass 3 months. I can possibly show RM3500 in my wife's ASB account - will they accept?

The British HC in KL unfortunately don't deal with Visa inquiries anymore, they have asked me to call the New international enquiry service for visa applications - the cost is ridiculously expensive! (£1.37 UK Sterling per minute in addition to your standard network charges)

Do you know is there a fast track service that they provide and how much does it cost compare to the normal service? And how fast is it? Same day?

[arifhusni]

It seems that the fast track is called Priority service and cost an extra 80pounds and be processed within 4 days. There's a TB test?! Is this new and compulsory? Will it be compulsory for my son? He is born in UK and has just been in Malaysia less than a week.

[manci]

Showing £600 for 3 months in your wife's bank a/c would be acceptable (your grandmother 's a/c wouldn't be) but the evidence must be original - see para 87 and onwards in the policy guidance. If it is a printout it would have to be certified by the bank. An alternative would be a letter from your employer - see para 56 in the guidance.

I doubt if the international enquiry service will be of much use (but apart from calling them they also offer a webchat and an email service).
https://ukvi-international.faq-help.com

There would be no harm sending a fax addressed to the Chief Entry Clearance Officer at the British HC outlining your case (bereavement, emergency travel, there was no time to get PBS dependant leave for your UK born son, you are on compassionate leave and have to return to your job asap) - may be they can help in some way

Re. TB testing see:
https://www.gov.uk/tb-test-visa/overview

[arifhusni]

Good to know that I don't need to do the TB test for my son. One thing cleared out of the way.

I wouldn't recommend chatting. I tried it just now. You only get 30minutes and it takes them ages to answer your questions as if they are googling it to find the answer for you. And worst still, it's like they don't understand your question. What a waste of my 4 pounds! And bear in mind it ends automatically. The only good thing is that they email you the whole chat so you can attach it on your application. Worst thing about my chat just now, it ended up the other side saying

"you need to provide bank statements showing you’ve had at least £900 in savings (£945 from 1 July) continuously over the last 90 days, or your sponsor’s certification that they can support and accommodate you for the first month you’re employed'

What?!!! It's for my son, my son! not me! I am so frustrated because it was so bad! It took him like 6minutes just to answer my first question. I won't bother using this service again! I will write a complaint letter when I am back in UK.

Anyway, I shall try and fax the Chief Entry Clearance Officer at the British HC outlining my case. Let's see if I can get a decent reply this time.

[lawabidingimmigrant]

I was in kind of similar situation some time ago.

We had a baby & in a week's time there was a bereavement of a close family member.

We had to travel in emergency with our baby, I just managed to get passport done for the baby from the High Commission in 3 working days, booked the flights and traveled out of UK without baby's visa.

We got PBS Dependent Child visa done outside UK and it was bit of a nightmare to go through for getting the visa done. And yes we did have to do the TB test too.

[arifhusni]

You had to do the TB test?! Which country is that? The new policy states that:

You won’t need a TB test if you’re a:
1- diplomat accredited to the UK
2- resident of the UK and returning within 2 years of leaving
3- Certificate of entitlement holder (right of abode in the UK)
4- child under 11 years old

[lawabidingimmigrant]

I'm unaware of what the latest rules are on the TB tests for dependent child visa outside UK and whether it is required or not.

We had applied from India, initially we booked appointment and went to VFS office with all the documents for baby's visa, we were turned away as TB test was not done. We were unaware that TB test had to be done for the infant baby.

We had to rebook an appointment later after getting TB test sorted. Getting TB test sorted was a pain too. There was no one available in the hospital to do TB test for infants, we had to do some chasing and wait for hours for someone to arrive to do the TB test and eventually get the TB test result.