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Visa category for wife and child

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sidds04
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Visa category for wife and child

Post by sidds04 » Sun Oct 25, 2015 12:26 pm

Hi experts,

I am an Indian Citizen and living in the UK on ILR (indefinite leave to remain) which I got in Sep-2015.

Our daughter was born in the UK before I got my ILR. She now have an Indian Passport and we have applied for MN1 by post. However we need to make emergency travel to India.

Question is:
A) My daughter had given biometric and now waiting for decision. Can I cancel my Daughter’s MN1 application?
B) What visa shall I apply for her in order to enable her travel to India and return back to UK in a month’s time? Can I apply for her ILR? Is there any other visa category that I can apply which I can get on same day?

My wife is an Indian Citizen and has Tier 1 Dependent Visa valid until Jan-2016. I want to apply for her visa as my dependent.

Question is:
C) Which dependent visa do I need to apply for my wife?
D) Can I apply for her visa now (her visa is getting expired in Jan-2016)?

Many thanks in advance for your help in answering points A, B, C and D above.

Regards,
Sid

secret.simon
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Re: Visa category for wife and child

Post by secret.simon » Sun Oct 25, 2015 3:09 pm

No point in cancelling the MN1 application. Children born in the UK are entitled to be registered (i.e. it can not be refused) as British citizens. It will just take a while. As she has already submitted biometrics, just wait for the registration certificate to come through.

Be aware that her Indian citizenship will lapse automatically on the date of her registration certificate and that she will need a British passport to travel back to the UK. If applied for from India, that can take between six months to a year.

When did your wife get her initial dependent visa?

Children born outside the UK are issued visas in line with the less-privileged parent. I am not sure about children born in the UK.
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.

geriatrix
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Re: Visa category for wife and child

Post by geriatrix » Sun Oct 25, 2015 7:30 pm

secret.simon wrote:Children born outside the UK are issued visas in line with the less-privileged parent. I am not sure about children born in the UK.
Same as for born outside UK child.
Life isn't fair, but you can be!

Obie
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Re: Visa category for wife and child

Post by Obie » Sun Oct 25, 2015 11:55 pm

sushdmehta wrote:
secret.simon wrote:Children born outside the UK are issued visas in line with the less-privileged parent. I am not sure about children born in the UK.
Same as for born outside UK child.
Children born in UK are treated differently.

They are granted leave consistent with the most privilege parent, to use your phrase.

When the most privileged gets ILR, they may get Registered or acquire ILR also.
Smooth seas do not make skilful sailors

sidds04
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Re: Visa category for wife and child

Post by sidds04 » Mon Oct 26, 2015 8:15 am

Hi,
Thank you so much for your reply. As MN1 takes upto 6 months, and I need to travel out of UK, I dont have any option but to cancel MN1 application and re-apply once am back to UK. To enable my child's travel out of country, which visa shall I apply for her?

Many thanks in advance.

vinny
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Re: Visa category for wife and child

Post by vinny » Mon Oct 26, 2015 8:43 am

What is the point of cancelling the MN1?
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.

vinny
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Re: Visa category for wife and child

Post by vinny » Mon Oct 26, 2015 8:54 am

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.

sidds04
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Re: Visa category for wife and child

Post by sidds04 » Mon Oct 26, 2015 9:22 am

secret.simon wrote: When did your wife get her initial dependent visa?
Hi Simon,
My wife got her initial Tier1 General Dependent visa on 22-Feb-2014 and its valid till 06-Feb-2016. I need to extend her visa as my dependent. I got my ILR on 05-Sep-2015.
Which visa shall I apply for her?

Regards,
Sid.

sidds04
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Re: Visa category for wife and child

Post by sidds04 » Mon Oct 26, 2015 10:06 am

vinny wrote:What is the point of cancelling the MN1?
Hi Vinny,
I need to cancel MN1 because I need to get all passports (me, wife, child) and original documents back in order to apply for another visa for my child.

Seebi
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Re: Visa category for wife and child

Post by Seebi » Mon Oct 26, 2015 11:52 am

Hi Guys,
I am in same position, I got my ILR on 10 years long residency.
Before we applied for ILR myself and my 3 kids were on PBS dependent visa as wife was on Tier 2.
My wife and myself got ILR on 10 year basis now, but we did not apply for kids ILR as they all qualify for MN1 and eventually passport. We applied for MN1 form in mid-June.. very hopeful that certificate will come in early this week (INSHALLAH)

But my question is we need to travel back home in December can we all travel as kids existing dependent visas are valid till Aug 2016, or we are wrong as wife is no longer Tier 2 visa holder so dependent visas are also not valid?

Obie
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Re: Visa category for wife and child

Post by Obie » Mon Oct 26, 2015 12:08 pm

sidds04 wrote:
vinny wrote:What is the point of cancelling the MN1?
Hi Vinny,
I need to cancel MN1 because I need to get all passports (me, wife, child) and original documents back in order to apply for another visa for my child.
For MN 1 you were not required to send all of those documents in the first.

In my experience , only original birth certificate of children were required to be sent. The rest are copies.
Smooth seas do not make skilful sailors

geriatrix
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Re: Visa category for wife and child

Post by geriatrix » Mon Oct 26, 2015 12:19 pm

Obie wrote:
sushdmehta wrote:
secret.simon wrote:Children born outside the UK are issued visas in line with the less-privileged parent. I am not sure about children born in the UK.
Same as for born outside UK child.
Children born in UK are treated differently.

They are granted leave consistent with the most privilege parent, to use your phrase.

When the most privileged gets ILR, they may get Registered or acquire ILR also.
Thanks for the correcting me.
Life isn't fair, but you can be!

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

Re: Visa category for wife and child

Post by vinny » Mon Oct 26, 2015 12:53 pm

sidds04 wrote:
vinny wrote:What is the point of cancelling the MN1?
Hi Vinny,
I need to cancel MN1 because I need to get all passports (me, wife, child) and original documents back in order to apply for another visa for my child.
Can you ask for the documents back without cancelling the 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.

sidds04
Newly Registered
Posts: 5
Joined: Sun Oct 25, 2015 10:22 am

Re: Visa category for wife and child

Post by sidds04 » Tue Oct 27, 2015 11:53 am

vinny wrote:
sidds04 wrote:
vinny wrote:What is the point of cancelling the MN1?
Hi Vinny,
I need to cancel MN1 because I need to get all passports (me, wife, child) and original documents back in order to apply for another visa for my child.
Can you ask for the documents back without cancelling the application?
Yes, I did email them a month back asking for original documents back. I didnt receive any response from them yet.

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