Child settlement visa - NHS Surcharge

[vinny]

My husband would be applying for his ILR in 3 weeks time. He is currently on dependent visa.

U.K. born child may also apply for entry clearance with ILE endorsement, under A280(b), 304-309.

Or, after husband is granted ILR, child may also apply for a child settlement visa.

But you may have to argue that the NHS surcharge should not be applicable too.

If your child is applying before your husband is granted ILR, then perhaps emphasize, in writing, that your UK-born child is applying under A280(b), 304-309, as 297(i) may fail and

ECOs will rarely deal with this category.

[rama.b]

Evening!

I am confused on what Appendix to use when applying child settlement visa from India. (Appendix 1 or Appendix 2)

I am on ILR, my husband is on dependent visa. My child is born in UK but is in India right now, He doesn't have any visa currently.

My understanding is Appendix 1 is for a child whom you are bringing independently (When both the parents are already in UK) which is true in our case. Please correct if I am wrong.

[rama.b]

Thanks Vinny, I have mentioned the same in the cover letter. The appointment is booked for 22, hope all goes well...Fingers crossed.

[rama.b]

Morning!

Re:Child settelment visa from outside UK (India - Chennai) for child aged 2

I was advised by my friends and I have looked at some posts here and found out that TB certificate is not required for child under 11 years, but I found that it is required to have a TB certificate for all children here and here. I have submitted for my child's settlement visa today as there are slots available.

What are my chances now, can I send TB certificate now or do I have to wait until they ask for one or will the application be rejected for not producing a TB certificate?

Please help. Thanks

[rama.b]

I found contradicting information in this document which is updated on Feb 2016.

The document doesnt have India in the list of countries which needs a TB certificate and it also clearly says children under 11 donot need a TB certificate.

I am confused, am I misinterpreting the information?

[rama.b]

I think i should be fine. I keep telling myself DONOT panic, but for some reason my mind doesnt listen

The guidance document to the the settlement visa do suggest as below. I have anyway written to the UKVI asking for the contradicting information in different sources. I will update this post if I heard anything from them.

"Residents aged over 11 from certain countries applying for a visa to come to
the UK for longer than 6 months need to get a certificate confirming that they
are free from infectious Tuberculosis (TB) before applying for a visa."

[prejay]

It's also worth considering whether you want to get one anyway - just for the piece of mind. Yes - they may confirm that you don't need one but you'll always have that doubt as to the conflicting information you have found. It may be worth getting one simply for the piece of mind.

[rama.b]

I Agree!

I definitely want to get one, but is there way I can send now after submitting the application?

[rama.b]

Afternoon Friends!

I have applied for child settlement visa for my child under immigration rules A280(b), 304-309 using VAF4A application from, how ever the refusal letter says my child is not eligible for settlement route and was consider under 319 H and the reason for refusal is non submission of TB certificate (Paragraph A39)

Neither the PBS dependent guideline, nor the settlement guideline, refusal guideline says the TB certificate to be provided for child under 11. But I dont want to dispute on this, if the rule says I have to then I have to. This is a heads up for all the applicants applying for visa outside UK

I dont want to go for admin review as I am under the impression that the AR takes ages.

My question is under what route he has to apply for Visa - settlement (VAF4)/dependent(VAF10)?. I am planning to apply again ASAP. I am on ILR and my husband is on dependant visa.

Please share your suggestions, thoughts?

Thanks

[CR001]

You apply for the same visa category that your spouse is on. If your spouse is on PBS Dependent, then that is what you apply for the child. If your spouse is on spouse settlement visa (VAF4A), then that is what the child should apply for.

[rama.b]

Thanks.

My spouse is on dependent visa. I will apply dependent visa for my child (VAF10).

[CR001]

What dependent visa is your husband on? There are different categories. Is he a PBS Dependent? What was your visa status BEFORE you got ILR and on what basis did you get ILR?

In January you posted that your husband was going to apply for ILR 'in 3 weeks time'. Has he done this yet or not?

Edit : I did advise you in January too that you should apply for Tier 1 G dependent. Why did you apply for a child settlement visa?

http://www.immigrationboards.com/immigr ... l#p1293986

http://www.immigrationboards.com/post12 ... l#p1293986

[rama.b]

Thanks for your reply. I was on Tier 1 before I got my ILR, my husband is on PBS dependent visa.We are waiting for the child arrive before my husband applies for ILR.

Yes you did advised me to apply for Dependent visa, but I did some research and found that he is eligible for ILE under immigration rules A280(b), 304-309 I think which he is, the reason for refusal is non-submission of TB certificate.

Please share your thoughts on A280(b), 304-309. Thanks

[vinny]

Unfortunately, A39 doesn't exempt children under 11 from producing a TB certificate, for countries listed in Appendix T.

I had suspected that the ECO will not be familiar with A280(b), 304-309. There's no mention of it in the refusal. The lack of an applicable application form for this category makes it more difficult for eligible applicants.

CR001's advice may be more straightforward for the ECO, as your husband doesn't have ILR.

Another option for a settled parent with a UK born child is MN1, which is an entitlement. Immpossible to refuse, if child can submit the biometrics from abroad and you can find the referees, etc. Followed by a British passport (requires appropriate counter signature for photograph) or CoE-RoA.

[rama.b]

Thanks Vinny!

I explored that option (MN1) but didnt want to go that route as it may take ages to complete the process.

I will now apply him as PBS dependent with a TB Certificate

My objective(to bring my kid in last week of march) is not affected because of the refusal as dependent applications will be processed more quickly.

[rama.b]

Update -
Good News!

I have applied for AR and was successful, However they have asked me to submit the TB certificate now along with the passport for stamping which I did.

Thanks one and all for the support.

[vinny]

Do let us know the details of what they grant.

[rama.b]

Sorry for the late reply. Visa is now granted.

Thanks one and all for your help. Especially Vinny and CR001

[vinny]

Can you give the details of the visa? Was it ILE or PBS dependant?

[rama.b]

PBS dependant

[vinny]

Suggest child registers ASAP.

[rama.b]

Sorry Vinny, I dont think I understand. Are you suggesting me to register my child as a British Citizen (MN1) ASAP?

[vinny]

If that is your intention, then why wait? Probably easier once child is back in the UK.

[rama.b]

Sure, Thanks!

I am planning to start the process in a weeks time.