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What visa for UK born child?

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iramkk
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Joined: Thu Jul 11, 2013 10:33 am

What visa for UK born child?

Post by iramkk » Fri Sep 18, 2015 12:50 pm

Myself and my wife are due for ILR at the end of October and we have booked a PEO appointment for both of us.

I am planning to get an Indian passport for my child, who is born in UK in June of this year, as we are planning to travel to India in December

This is because we will not have time to apply for MN1 registration & British passport for the child.

So what visa is best for the child in this case?
1. Add the child into ILR application ?
or
2. Apply for https://www.gov.uk/join-family-in-uk visa from India?
or
3. Apply for https://www.gov.uk/remain-in-uk-family? visa from UK
or
4. Anything else?

Also, does the baby have to pay health surcharge?

I am getting conflicting information looking through several posts, hence this query

Thanks for your helpful advice

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CR001
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Re: What visa for UK born child?

Post by CR001 » Fri Sep 18, 2015 1:20 pm

Advice remains the same as it was in August when you asked.

http://www.immigrationboards.com/immigr ... l#p1237554
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

iramkk
Junior Member
Posts: 56
Joined: Thu Jul 11, 2013 10:33 am

Re: What visa for UK born child?

Post by iramkk » Fri Sep 18, 2015 1:32 pm

CR001 wrote:Advice remains the same as it was in August when you asked.

http://www.immigrationboards.com/immigr ... l#p1237554
I understand that you are trying to help but can you be a little bit clear?

You mentioned "You could apply for a dependent visa based on your current visa before you travel and apply for MN1 once you are back in the UK."

What visa are you referring here? Dependent visa now? ILR for the child on the same day as ours? If after ILR, what dependent visa are you referring to?

secret.simon
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Re: What visa for UK born child?

Post by secret.simon » Fri Sep 18, 2015 3:36 pm

As both your wife and you are applying for ILR, I believe that the child would also be eligible for ILR. So, I would suggest including the child in the ILR application.

IHS is not payable for ILR applications.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

iramkk
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Posts: 56
Joined: Thu Jul 11, 2013 10:33 am

Re: What visa for UK born child?

Post by iramkk » Fri Sep 18, 2015 4:08 pm

secret.simon wrote:As both your wife and you are applying for ILR, I believe that the child would also be eligible for ILR. So, I would suggest including the child in the ILR application.

IHS is not payable for ILR applications.
Thank you. I will get Indian passport for my daughter and then try to add her to our existing ILR appointment. If not possible, I will cancel our current EPO appointment and make a new appointment

If I am cancelling the PEO appointment, do I get the refund as I have already paid for myself and my wife?

iramkk
Junior Member
Posts: 56
Joined: Thu Jul 11, 2013 10:33 am

Re: What visa for UK born child?

Post by iramkk » Sun Sep 20, 2015 12:16 pm

Looking through the UKBA website, it appears that its best to apply for FLR (O) for my child rather than apply for ILR at the same time.

It seems that my child cannot apply for ILR along with us, as the parents are yet to have ILR.

Maybe [quote="vinny" or someone can confirm? Thanks
Last edited by iramkk on Sun Sep 20, 2015 12:23 pm, edited 1 time in total.

vinny
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Re: What visa for UK born child?

Post by vinny » Sun Sep 20, 2015 12:19 pm

iramkk wrote:It seems that my child cannot apply for ILR along with us, as the parents are yet to have ILR.
What makes you think that? If you are successful, then the child will succeed.
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.

iramkk
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Joined: Thu Jul 11, 2013 10:33 am

Re: What visa for UK born child?

Post by iramkk » Sun Sep 20, 2015 12:26 pm

vinny wrote:
iramkk wrote:It seems that my child cannot apply for ILR along with us, as the parents are yet to have ILR.
What makes you think that? If you are successful, then the child will succeed.
So, you mean to say, although my UK born child does not have a visa at the moment, she can apply for SET (O) along with us (parents both on TIer 1)? I cannot find any documents pertaining to that. Could you please guide me to any links pertaining to that?

iramkk
Junior Member
Posts: 56
Joined: Thu Jul 11, 2013 10:33 am

Re: What visa for UK born child?

Post by iramkk » Sun Sep 20, 2015 12:42 pm

Hi Vinny,

Here is the link that says I can apply for FLR (O) for my child.

You’re a child
You were born in the UK
You’ll get the same permission to stay as your parents if you’re a child who was born in the UK. You can either:

apply with your parent as a ‘dependant’ (family member)
apply separately using form FLR(O)

https://www.gov.uk/remain-in-uk-family/eligibility

vinny
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Re: What visa for UK born child?

Post by vinny » Sun Sep 20, 2015 1:01 pm

I think you may include UK-born child in SET(O) application.
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.

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