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Baby born in the UK

General UK immigration & work permits; don't post job search or family related topics!

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iamamonkey
Newly Registered
Posts: 22
Joined: Wed May 11, 2005 5:55 pm

Baby born in the UK

Post by iamamonkey » Tue Aug 21, 2007 8:37 am

Hi,

Morning all.

My baby is due next month. :D

My wife holds a HSMP and I hold a work-permit-dependant.

What should I do regarding the baby's visa? When do I apply? We are both from Malaysia. How much would it cost and how long would the application take?

Thanks.
Monkey

jes2jes
Senior Member
Posts: 692
Joined: Wed Apr 05, 2006 2:31 pm

Re: Baby born in the UK

Post by jes2jes » Tue Aug 21, 2007 10:51 am

iamamonkey wrote:Hi,

Morning all.

My baby is due next month. :D

My wife holds a HSMP and I hold a work-permit-dependant.

What should I do regarding the baby's visa? When do I apply? We are both from Malaysia. How much would it cost and how long would the application take?

Thanks.
Monkey
You do not have to do anything concerning the baby's visa unless of course you are travelling with the baby, then you need to apply for a Malaysian Passport (not British since he/she would not be immediately) and get a dependant visa for your baby.

When your wife gets her ILR then, you can go ahead to register your baby as a British Citizen but until then you have two options: Do nothing until your wife or yourself obtains ILR and proceed to Registration as Brit for your baby or go ahead now and apply for a Malaysian ppt for your baby.

For cost of the dependant visa, please visit the BIA website since I do not keep tabs on that or ring the PEO Customer service line.
Praise The Lord!!!!

sakura
Diamond Member
Posts: 1789
Joined: Sun Feb 25, 2007 9:29 pm
Location: UK

Re: Baby born in the UK

Post by sakura » Tue Aug 21, 2007 11:00 am

iamamonkey wrote:Hi,

Morning all.

My baby is due next month. :D

My wife holds a HSMP and I hold a work-permit-dependant.

What should I do regarding the baby's visa? When do I apply? We are both from Malaysia. How much would it cost and how long would the application take?

Thanks.
Monkey
How long have you/your wife been in the UK? Also - are you sure you're a work permit dependent, when your wife is on HSMP?

jes2jes
Senior Member
Posts: 692
Joined: Wed Apr 05, 2006 2:31 pm

Re: Baby born in the UK

Post by jes2jes » Tue Aug 21, 2007 11:02 am

sakura wrote:
iamamonkey wrote:Hi,

Morning all.

My baby is due next month. :D

My wife holds a HSMP and I hold a work-permit-dependant.

What should I do regarding the baby's visa? When do I apply? We are both from Malaysia. How much would it cost and how long would the application take?

Thanks.
Monkey
How long have you/your wife been in the UK? Also - are you sure you're a work permit dependent, when your wife is on HSMP?
I decided to ignore the last bit about WP dependent since I guess the OP is confused about the two and work on the assumption that he's an HSMP dependent rather.
Praise The Lord!!!!

iamamonkey
Newly Registered
Posts: 22
Joined: Wed May 11, 2005 5:55 pm

Re: Baby born in the UK

Post by iamamonkey » Tue Aug 21, 2007 11:51 am

sakura wrote:
iamamonkey wrote:Hi,

Morning all.

My baby is due next month. :D

My wife holds a HSMP and I hold a work-permit-dependant.

What should I do regarding the baby's visa? When do I apply? We are both from Malaysia. How much would it cost and how long would the application take?

Thanks.
Monkey
How long have you/your wife been in the UK? Also - are you sure you're a work permit dependent, when your wife is on HSMP?
Yes. Sorry I was confused. Im on HSMP dependant.

I have been here since 1997 and my wife since 1998. I could apply for ILR now but i had a 6 month gap back in 2004 (before starting work here on TWES, and converted to a dependant visa after my wife and I got married). Due to that gap, I am hesitant to apply for the ILR for fear of rejection (arent we all). When my wife applies for ILR next year, I'll apply as a dependant of someone who is settled in the UK (along with Baby)

The spanner in the spoke is that my wifes current HSMP expires one month before her 10th year anniversary here. So she would have to apply for a HSMP extension for 1 month (along with baby and I as dependants) then apply for ILR and at the same time as her ILR application i'll submit the application as a dependant of someone who has settled.

Dont know if it is a good idea or not, but this was what i was advised to do by a family friend who is savvy with the visa laws.

Christophe
Diamond Member
Posts: 1204
Joined: Tue Jul 04, 2006 5:54 pm

Re: Baby born in the UK

Post by Christophe » Tue Aug 21, 2007 12:16 pm

iamamonkey wrote:When my wife applies for ILR next year, I'll apply as a dependant of someone who is settled in the UK (along with Baby)
Once one of the baby's parents has ILR, the baby (if it is born in the UK) can be registered as a British citizen.

jes2jes
Senior Member
Posts: 692
Joined: Wed Apr 05, 2006 2:31 pm

Post by jes2jes » Tue Aug 21, 2007 4:26 pm

iamamonkey wrote:
I could apply for ILR now but i had a 6 month gap back in 2004 (before starting work here on TWES, and converted to a dependant visa after my wife and I got married). Due to that gap, I am hesitant to apply for the ILR for fear of rejection (arent we all).
Can you explain how the gap came about and what was your status then?
Did you lodge an application during this period of the gap i.e. a pending LTR application or your visa expired?

Your answer concerning your above circumstance would determine whether you are eligible under the 10 year rule or not and whether your clock stopped ticking at some point in time. :oops:
Praise The Lord!!!!

iamamonkey
Newly Registered
Posts: 22
Joined: Wed May 11, 2005 5:55 pm

Post by iamamonkey » Tue Aug 21, 2007 4:52 pm

jes2jes wrote:
Can you explain how the gap came about and what was your status then?
Did you lodge an application during this period of the gap i.e. a pending LTR application or your visa expired?

Your answer concerning your above circumstance would determine whether you are eligible under the 10 year rule or not and whether your clock stopped ticking at some point in time. :oops:
jes2jes,

I'll try to summarise (not sure about exact dates as I dont have my passports with me now):
30 Oct 2003 - Student Visa Expired
2 weeks prior to 30 Oct 2003 - Granted 6 month visitor visa (had an interview to attend in November) Application made at Liverpool
Nov 2003 - Job offered :D
24 Dec 2003 - flew back home to Malaysia whilst waiting for TWES application (made by my company) and for them to sort out contracts etc etc. Dont know exact dates when the TWES application was made although I could find out speaking to HR.
some at the end of April 2004 - Visitor Visa Expired
Early May 2004 - TWES visa granted
7 May 2004 - Flew back to the UK. Passport was stamped
10 May 2004 - Started work.

The "gap" was between the end of April 2004 and Early May 2004 (which was i think 2 weeks the last time i looked at it).

Did my clock stop ticking in December 2003 or at the end of April 2004, or better still, is it still ticking.

Thanks jes2jes.

iamamonkey
Newly Registered
Posts: 22
Joined: Wed May 11, 2005 5:55 pm

Post by iamamonkey » Wed Aug 22, 2007 12:15 pm

jes2jes,

Any answer to this?

Thanks!

Monkey

jes2jes
Senior Member
Posts: 692
Joined: Wed Apr 05, 2006 2:31 pm

Post by jes2jes » Wed Aug 22, 2007 2:23 pm

iamamonkey wrote:
jes2jes wrote:
Can you explain how the gap came about and what was your status then?
Did you lodge an application during this period of the gap i.e. a pending LTR application or your visa expired?

Your answer concerning your above circumstance would determine whether you are eligible under the 10 year rule or not and whether your clock stopped ticking at some point in time. :oops:
jes2jes,

I'll try to summarise (not sure about exact dates as I dont have my passports with me now):
30 Oct 2003 - Student Visa Expired
2 weeks prior to 30 Oct 2003 - Granted 6 month visitor visa (had an interview to attend in November) Application made at Liverpool
Nov 2003 - Job offered :D
24 Dec 2003 - flew back home to Malaysia whilst waiting for TWES application (made by my company) and for them to sort out contracts etc etc. Dont know exact dates when the TWES application was made although I could find out speaking to HR.
some at the end of April 2004 - Visitor Visa Expired
Early May 2004 - TWES visa granted
7 May 2004 - Flew back to the UK. Passport was stamped
10 May 2004 - Started work.

The "gap" was between the end of April 2004 and Early May 2004 (which was i think 2 weeks the last time i looked at it).

Did my clock stop ticking in December 2003 or at the end of April 2004, or better still, is it still ticking.

Thanks jes2jes.
Sorry mate I am busy trying to finish a report for the 'Boss Man' for tomorrow, I have not had time to respond to your post.

There are two things you comes to mind:

1. Since there was a gap between the Expiration of your VV and the granting of your TWES EC, your clock stopped ticking at that period (technically).

You can make an application under the LRC and if you can prove that you had any connections to the UK during those period and fulfill all the other conditions during the period of the gap, your case might be considered but it is very likely the application would be rejected/refused and you will loose the fees since most of the time the CWs go straight by the book but you can check your luck! :roll:

2. You would want to ask your employers if at the time of your TWES application, they also lodged an application for FLR on your behalf. If this is so, you clock never stopped and you will be smiling but I can never tell you that.

A better option is to spend £10 and make a SAR via the BIA Data Protection Department (SAB = Subject Access Bereau) and this can tell you a whole lot than HR at your job can (The person might have left :roll: ).

So, if you know the answers, you would be armed with the right ammunition to make an application but currently I cannot say and you would be chancing your money for ILR.

Let me know when you have an answer.
Praise The Lord!!!!

iamamonkey
Newly Registered
Posts: 22
Joined: Wed May 11, 2005 5:55 pm

Post by iamamonkey » Wed Aug 22, 2007 3:21 pm

jes2jes,

Thanks for your reply.
jes2jes wrote:You can make an application under the LRC and if you can prove that you had any connections to the UK during those period and fulfill all the other conditions during the period of the gap, your case might be considered but it is very likely the application would be rejected/refused and you will loose the fees since most of the time the CWs go straight by the book but you can check your luck!
What is LRC? Sorry for my ignorance
jes2jes wrote: A better option is to spend £10 and make a SAR via the BIA Data Protection Department (SAB = Subject Access Bereau) and this can tell you a whole lot than HR at your job can (The person might have left ).
How do I make a SAR? again, sorry for my ignorance.

Thanks,
Monkey

Docterror
Senior Member
Posts: 950
Joined: Tue Dec 26, 2006 10:30 pm
Location: Stoke-on-trent, UK
United Kingdom

Post by Docterror » Wed Aug 22, 2007 3:49 pm

LRC= Long Residence Category.

Everything you need to know about SAR is at http://www.ind.homeoffice.gov.uk/docume ... iew=Binary
Jabi

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