Visa for children

[karthikshraddha]

Hello,

I am in UK on a Tier 1 General visa valid till Feb 2018, so is my wife on the Tier 1 dependent. I have a 3 yr old daughter (born in UK) who is on Tier 1 General that is expiring in Feb 2016. I am eligible to apply for an ILR in Feb 2016.

My wife is expecting the second one in Dec 2015 and has plans to travel to India for delivery in September 2015. My daughter would join her aswel.

Questions:
1. My daughter whose T1G-Dependent visa (born in UK) expires in Feb 2016 would be in India when the I apply for an ILR in Feb 2016 - so what are her options? Can we apply for a British Passport for her while she is in India OR does she need to apply for a Tier 1 General dependent while she is in the UK (before travelling to India) OR Do we need to apply for an ILR dependent for her?

2. The second one would have born in India by the time I apply for my ILR and what would be the scenario for him/her?

What is the general turn around for any visa that you suggest?
(Please suggest the documents required to support any application that you may suggest in all cases)


Thanks
Karthik

[vinny]

1. If you are granted ILR under PBS, then your wife and daughter may return to the UK on their entry clearances before their leave expires.

2. Your newborn may apply for a PBS dependant visa in-line wife your wife's.

[karthikshraddha]

Thanks for your response Vinni.

Going back to the question, there is more to it.

While I (Main applicant) apply for a PBS, my daughter would be in India and her Tier1General visa would have expired - dont forget my daughter is born in the UK in 2012. If my daughter wouldnt go to India during this time, then she automatically is entitled to get a british passport soon after I get my ILR (I am assuming my wife does not have to be in UK at this time of the applciation, also she need not have to have an ILR)/?

For the new born it is pretty much clear that the baby will have to be a dependent on my ILR once I get it

[CR001]

then she automatically is entitled to get a british passport soon after I get my ILR

No, she doesn't get a passport automatically because she is not British yet. You have to register her as a British Citizen on form MN1 under section 1(3) of the nationality act after you receive your ILR. MN1 applications cost £749. Once you receive her registration certificate, then you can apply for a British Passport.

[vinny]

When does your wife's leave expire? If your wife's leave expires while she is outside the UK and you are granted ILR, then she and your overseas newborn child may apply for settlement visas as family members of a settled person. Unfortunately, their qualifying period for SET(M) will be reset.

As CR001 commented, your UK-born child will be entitled to register as a British citizen immediately after you are granted ILR.

[karthikshraddha]

Hello

Thanks for your prompt response.

I am currently on Tier 1 which expires in 2018, I qualify for ILR in Feb 2016 - while during this time my wife would be in India with my "to be born" and my 3 year old daughter. My wife is on TIer 1 Dependent that runs out in 2018 while she is been in the UK since jan 2011 continuously with me as a dependent on Tier 1 General.

My daughter (3 yr old one - whose Tier 1 Dependent visa runs out in Feb 2016) and "the yet to be born one" would require either a Tier 1 dependent visa or a ILR dependent visa (depending on when they apply).

Questions:

1. Can I simply ask my wife to renew my 3 yr old daughter's Tier 1 dependent visa from India during January 2016 (28 days before? or can I apply 3 month in Advance, lets say in Nov 2015?) - I guess she would then get a Tier 1 General dependent visa till 2018 (matching my visa validity ?) - All this from Outside UK

2. The newborn is expected in December, so can I also get my new born on Tier 1 dependent visa in Jan 2016? I guess the newborn would also then get a Tier 1 General dependent visa till 2018 (matching my visa validity ?) - All this from Outside UK

3. I will apply for my ILR in Feb 2016 and my wife will apply for her ILR in May 2016, can our kids continue to be on Tier 1 dependent till 2018?

4. Following question 3, if the answer is yes, then when we (me and/or my wife) becomes british citizens in 2017 (1 year after ILR), does our kids who would continue to be on Tier 1 dependents become automatic citizens and get a passport without having to get into the ILR zone? (My daughter, the 3 yr old I mentioned in UK born while my "yet to be born" will be born in India by this year end)

Can anyone help with these questions?

[vinny]

1-3 already answered. Your daughter also may apply for a PBS dependant visa in-line wife your wife's. Or, perhaps, she may apply for ILE in line your ILR, under 304-309.

4. already answered for UK-born child. Non UK born child expected to have ILR before registering for citizenship under Section 3(1).

[secret.simon]

I am aware that the decision on where to give birth is likely taken with more emotional and sentimental considerations than practical and pragmatic ones.

However, I would suggest that in such cases, that you consider giving birth to all children born before one parent acquires citizenship in the UK.

The status of the child who is born overseas will be inline with that of the less privileged parent all the way through till citizenship. Also, if you read these forums, you will find that it typically takes about six months to a year for a child born abroad to be issued the relevant paperwork (either a visa or a British passport, as the case may be). So, factor in the delays of giving birth to the child abroad.

If you had the child in the UK, s/he would have been British by birth and entitled to a British passport either straightaway or after registration by entitlement, as the case may be.