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Father-ILR, Mother-Tier1 Dependent, Child born in India-??

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user_name
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Father-ILR, Mother-Tier1 Dependent, Child born in India-??

Post by user_name » Fri Dec 05, 2014 8:40 am

Hi All,

Father is currently having ILR, will get citizenship soon (originally was on Tier 1 General).

Mother is currently on Tier 1 General Dependent visa (Not eligible to apply for ILR at present).

Child born outside UK (in India) recently and want to apply for child's visa (entry clearance).

What will be the type of visa to be applied for the child? Which application form?

Please would you point me to the Home Office link or doc for reference?

Many Thanks.

vinny
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Posts: 32938
Joined: Tue Sep 25, 2007 8:58 pm

Re: Father-ILR, Mother-Tier1 Dependent, Child born in India-

Post by vinny » Fri Dec 05, 2014 8:48 am

PBS family member in-line with mother's.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

user_name
Member
Posts: 160
Joined: Tue Oct 13, 2009 10:47 am

Re: Father-ILR, Mother-Tier1 Dependent, Child born in India-

Post by user_name » Fri Dec 05, 2014 10:29 am

Many thanks Vinny for the quick response.

Will apply for PBS dependent visa for the child.

However I am a little bit confused:-

PBS dependent policy guidance link https://www.gov.uk/government/publicati ... rs-1-2-4-5 says "Full guidance on the policy for applications by the family of people who have UK visas under the points-based system (PBS dependants)." . It does not say about "...the family of people who 'does not' have UK visas..." or about the first time dependent application.

Also in the policy document - Page1 (Introduction section 2), it says the below

"
the child of a person with indefinite leave to remain or British Citizenship who last held leave in Tier 1, 2, or 5 of the Points Based System and:
○○your other parent does not yet qualify for indefinite leave to remain; and
○○you last held leave as PBS Dependant granted on or after 9 July 2012.
"

It also does not say about entry clearance, it says "you last held leave as PBS Dependant granted on or after 9 July 2012" with an "and" condition. In my case, my new born child does not have a previous leave granted.

Any thoughts?

Many Thanks.

vinny
Moderator
Posts: 32938
Joined: Tue Sep 25, 2007 8:58 pm

Re: Father-ILR, Mother-Tier1 Dependent, Child born in India-

Post by vinny » Fri Dec 05, 2014 11:07 am

319H is clearer.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

user_name
Member
Posts: 160
Joined: Tue Oct 13, 2009 10:47 am

Re: Father-ILR, Mother-Tier1 Dependent, Child born in India-

Post by user_name » Fri Dec 05, 2014 11:48 am

Thanks Vinny. That makes it clearer.

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