Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route
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ananthvijendren
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by ananthvijendren » Thu Dec 31, 2015 10:14 pm
Dear Immigration boards,
My wife and myself are Tier 2 General holders. We are originally from Malaysia and are due our ILR application in September 2016 (both Tier 2 5-year route and long stay 10 year route coincide at the same time)
We were recently blessed with a son who is now 3 weeks old and plan to take him back to Malaysia in June / July 2016 for a holiday. I would be grateful to find out if
a) I need to add our newborn to our Tier 2 as a dependant to bring him out of the country in order for him to be eligible as our ILR dependant during application next September 2016
or
b) we could bring him out without any visa, back into the UK on a visitor visa and then add him as our dependant during ILR application in September 2016
The route in (b) would save us a lot of cash but I don't want to jeopardise our son's ILR dependant application
We would be very grateful for your advice
Best Wishes
Ananth Vijendren
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CR001
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by CR001 » Thu Dec 31, 2015 10:26 pm
Unlikely route b) will work as being granted a visitor visa is doubtful because he is not a 'genuine visitor'.
The only option is to apply for his Tier 2 Dependent visa if you wish to travel.
Char (CR001 not Casa)
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ananthvijendren
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by ananthvijendren » Fri Jan 01, 2016 3:03 pm
Thank you CR001.
I did have my reservations about route (b).
On a slightly different note, if we were to remain in this country until September 2016 (ILR application time), would i
a) have to add my son to my Tier 2 now so that he would be eligible to be our dependant under ILR
b) not have a visa / entry clearance for my son until ILR application time and then add him on then.
Tried looking it up on the gov.uk site but the response was not very clear
Best Wishes
Ananth
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CR001
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by CR001 » Fri Jan 01, 2016 3:07 pm
What is your ultimate goal? Just ILR or British Citizenship?
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ananthvijendren
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by ananthvijendren » Fri Jan 01, 2016 5:40 pm
ILR for now. possibly British citizenship in the future but thats not concrete yet. Does it make a difference?
BW
Ananth
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CR001
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by CR001 » Fri Jan 01, 2016 7:48 pm
A UK born child is entitled to register as British as soon as you are granted ILR. There is no need for the child to have a visa or ILR in this case.
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ananthvijendren
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by ananthvijendren » Fri Jan 01, 2016 9:50 pm
Dear CR001,
Thats very useful to know!
Would you be able to point me to the gov.uk documents where these are highlighted?
Would this rule apply even if we bring him out and back into the country on a visitor visa?
Thank you very much!
Ananth Vijendren
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CR001
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by CR001 » Fri Jan 01, 2016 10:02 pm
Yes it will apply but he won't qualify for a visitor visa as I have already stated.
FAQs British Citizenship - Children (Click)
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ananthvijendren
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by ananthvijendren » Fri Jan 01, 2016 10:05 pm
Thank you.
I see, so if I was to bring him out of the country, I have to add him as a dependant on my Tier 2 ie no other way but if we keep him here I can just register him as a British Citizen after I get my ILR? Is this correct?
Best Wishes
Ananth
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CR001
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by CR001 » Fri Jan 01, 2016 10:07 pm
Correct yes.
He can leave the country, but won't be able to return if he does not have the appropriate visa or a British Passport following registration (can take a year for both if processed while he is out of the UK).
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vinny
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by vinny » Fri Jan 01, 2016 10:50 pm
Probably simplest for child
not to travel until
granted British citizenship.
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.
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ananthvijendren
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by ananthvijendren » Sat Jan 02, 2016 12:04 am
got it. Thanks all!
Best Wishes
Ananth
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geriatrix
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by geriatrix » Sat Jan 02, 2016 11:08 am
vinny wrote:Probably simplest for child
not to travel until
granted British citizenship.
vinny, any affect because of IHS on a child born in UK with no leave? Will the child be eligible to use NHS services?
Life isn't fair, but you can be!
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vinny
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by vinny » Sat Jan 02, 2016 12:31 pm
sushdmehta wrote:vinny wrote:Probably simplest for child
not to travel until
granted British citizenship.
vinny, any affect because of IHS on a child born in UK with no leave? Will the child be eligible to use NHS services?
Good question!
Children born in the UK to those here lawfully for more than six months wrote:
If you give birth to a child in the UK, then your child will be entitled to free NHS hospital treatment in England on the same basis as someone who is ordinarily resident. Your child is covered until three months of age, but only if he/she hasn't left the UK during that period. You'll also need to meet one of the below criteria:
you have a valid visa of more than 6 months and paid the surcharge for that visa
you have a valid visa for more than 6 months, but were exempt from paying the surcharge
you have a valid visa for more than 6 months, which you applied for prior to April 6 2015
You should apply for a visa for your child during the three-month period after your child's birth. If required, you may have to pay the surcharge for your child. Failure to do so means you may be charged for NHS services provided for your child after the three-month period.
However, as
A277, A280(
b),
304 does
not require a child born in the UK, who had never applied for leave, to apply for leave to remain, I do not know
where the justification of three-month requirement comes from? Not from Sections
38 nor
39 of the Immigration Act 2014? Not from
3 nor
5? They are not
overseas visitors?
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vinny
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by vinny » Sun Jul 02, 2017 1:51 am
There
is a
reference to a UK born child in
25.
(3) No charge may be made or recovered in respect of any relevant services provided to an
overseas visitor who is a child who—
- (a) is born in the United Kingdom to a parent who is exempt from charges by virtue of—
- (i) regulation 10 (immigration health charge); or
- (ii) regulation 11 (overseas visitors who have made applications for entry clearance or leave to remain prior to the commencement of the immigration health charge);
- (b) is aged 3 months or less; and
- (c) has not left the United Kingdom since birth.
where
overseas visitor
Where
F5
The meaning of ordinary residence in section
175 of the
2006 Act was amended by section
39 (related provision: charges for health services) of the
Immigration Act 2014 (c. 22) which has not yet come into force.
Where Section
39
Related provision: charges for health services
- (1) A reference in the NHS charging provisions to persons not ordinarily resident in Great Britain or persons not ordinarily resident in Northern Ireland includes (without prejudice to the generality of that reference) a reference to—
- (a) persons who require leave to enter or remain in the United Kingdom but do not have it, and
- (b) persons who have leave to enter or remain in the United Kingdom for a limited period.
- (2) The “NHS charging provisions” are—
Ordinary residence of children
This section tells you how a parent’s residence impact on where a child is considered to be ordinarily resident.
As a general rules you should consider that a child under the age of 16 shares the same place of ordinary residence as their parents. This was held to be the position in
Re P(GE) (an infant) [1964] 3 All ER 977 even though the child in question was away at boarding school and later taken abroad by one of the parents without the consent of the other. In Telles (2695) the Immigration Appeal Tribunal held that a child did not cease to be ordinarily resident in the UK as long as their parents continued, despite temporary absences, to be ordinarily resident here.
The ordinary residence of older children, those whose parents are living apart and those who have been left in the care of other relatives may be more difficult to determine. If the child’s age and means are such that they are capable of deciding for themselves where to live, their place of ordinary residence will be a separate consideration from their parents. Where a parent is no longer living with their child on a permanent basis you will still need to consider if there is sufficient contact for them to be considered as part of the same household. In such cases it is more likely that the child will be ordinarily resident with the parent who is responsible for their day-to- day care.
I think the following are consequences of the interpretations of a child’s ordinarily residence in the UK.
If both child’s father and child’s mother are not ordinarily residents, then child is not ordinarily resident.
If Section
39(1) is true for child, then child is not ordinarily resident.
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vinny
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by vinny » Thu Feb 14, 2019 1:58 am
An alternative to the
IHS is to get adequate
health insurance cover for child?
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ZGill
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by ZGill » Thu Feb 14, 2019 11:04 pm
Hi as my question is related to this thread I am therefore posting it here. My child was also born in UK in Oct 2018 and I am on tier 2 visa with ILR coming up in Aug 2019.
1) i am aware that if my child has to travel before my ILR, he will need dependent visa to return. However my question is, as children born in uk do not need ILR and can directly apply for registration & then citizenship would that still apply if child travels out of country now on tier 2 dependent and comes back in June before I apply. If I apply for dependent visa now for his Travel it will most certainly expire when mine is expiring in august.
Would that then make the child illegal if I don’t apply for his ILR as I would’ve to wait till I get my ILR before applying for his registration or can I apply simultaneously.
2) provided I do apply for dependent as my original visa is 5 years tier 2 general do I need to pay fee for this category while applying for dependent Visa or is there any other for lesser fee.
Would really appreciate a response soon.
Thank you
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vinny
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by vinny » Fri Feb 15, 2019 12:43 am
If one of the parents are granted ILR, then UK-born child is
entitled to register.
Overstaying shouldn't pose any
problems to the entitlement, especially when child is under 10 years old.
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.