British Citizen + Tier 1 Dependent - Child Visa

[joefreddy1906]

My daughter was born in India last year. At that time I was a ILR and my wife was Tier 1 Dependent. My wife and daughter are planning to join me in UK now. Today I have my UK passport. My wife Tier 1 dependent visa is valid till Aug 2017.

I applied for a Settlement visa for my daughter. This has been rejected as mother is still Tier 1 and has a joint responsibility for our daughter.

I spoke to a solicitor. He said they are technically correct. Can't appeal. He gave me two options

1. Bring wife to UK under the current Visa. Get her converted to spouse of a settled person category. Then apply for daughters visa from India. There might be an issue. My wife can/may be denied entry to U.K. as I am no more Tier 1. My wife won't approve option 1 as it means leaving my daughter behind.

2. Apply for both wife and child from India as a spouse / child of a settled person. This means my wife current visa becomes invalid. Then bring them both to U.K. He said option 2 is technically correct option.

I was thinking of applying for my daughter under Tier 1 General Dependent Child visa. He said even if i apply again for a tier 1 dependent child visa from India now they can approve or can technically reject it as I am not a tier 1 anymore. You may get it but there are chances of rejection and you can't appeal as UKVI are correct.

Anyone had similar issue. Please share your thoughts

[physicskate]

How did you gain ILR - through Tier 1 or long residence?

[joefreddy1906]

I got ILR through Tier 1 General route.

[CR001]

1. Bring wife to UK under the current Visa. Get her converted to spouse of a settled person category. Then apply for daughters visa from India. There might be an issue. My wife can/may be denied entry to U.K. as I am no more Tier 1. My wife won't approve option 1 as it means leaving my daughter behind.

Why or who said you wife can be denied entry? If she holds a valid visa then she should not have an issue re-entering the UK. How long has she been away?

2. Apply for both wife and child from India as a spouse / child of a settled person. This means my wife current visa becomes invalid. Then bring them both to U.K. He said option 2 is technically correct option.

This will reset your wifes time to zero for ILR and she will have to wait a further 5 years.

I was thinking of applying for my daughter under Tier 1 General Dependent Child visa.

This is your best option. Child will always follow the same route as the mother in this case.

Suggest get rid of your wishy washy advice solicitor. Hope he is not charging you for such awful, non-committal advice.

[joefreddy1906]

1. Bring wife to UK under the current Visa. Get her converted to spouse of a settled person category. Then apply for daughters visa from India. There might be an issue. My wife can/may be denied entry to U.K. as I am no more Tier 1. My wife won't approve option 1 as it means leaving my daughter behind.

Why or who said you wife can be denied entry? If she holds a valid visa then she should not have an issue re-entering the UK. How long has she been away?

I too think this is incorrect. She has been away for about 2 years and has still 10 months left in her current Visa

2. Apply for both wife and child from India as a spouse / child of a settled person. This means my wife current visa becomes invalid. Then bring them both to U.K. He said option 2 is technically correct option.

This will reset your wifes time to zero for ILR and she will have to wait a further 5 years.

Thanks. Something I don't want to as it means more money and time

I was thinking of applying for my daughter under Tier 1 General Dependent Child visa.

This is your best option. Child will always follow the same route as the mother in this case.

Thanks. I will go for this. Quick Question - Main applicant in the PBS Dependent Child form - Is it me the earning member of the family or the mother as the child is following the mother route. Either way I plan to send my covering letter along with financial proofs

Suggest get rid of your wishy washy advice solicitor. Hope he is not charging you for such awful, non-committal advice.

No He is not charging me anything extra. This was an advise from him

[joefreddy1906]

Quick Question - Main applicant in the PBS Dependent Child form - Is it me the earning member of the family or the mother as the child is following the mother route. Either way I plan to send my covering letter along with financial proofs

[CR001]

Quick Question - Main applicant in the PBS Dependent Child form - Is it me the earning member of the family or the mother as the child is following the mother route. Either way I plan to send my covering letter along with financial proofs

Main applicant in the PBS dependent form is the CHILD.

[vinny]

I think that the child is the applicant, but the main applicant may be the child's mother, as the child's leave will be in line with her leave under 319H and 319I?

[joefreddy1906]

Hi
Thanks for the reply. I have a further query on the Main applicant section. The following five questions are asked in the section. I have provided the answers as well considering the mother is the main applicant

1. Does the main applicant have a Certificate of Sponsorship or Confirmation of Acceptance for Studies number? - Not applicable.
2. Is the main applicant living in the UK? - Currently she is living in India but has a valid visa to enter UK. What should be the answer to this?
3. What job/course of study is the main applicant doing in the UK? - She is not working or studying. She is a dependent on me.
4. What is the address where the main applicant works or studies? Not applicable.
5. Are you accompanying the main applicant or joining them later? Yes. Travelling with mother

I am planning to send my bank statements and salary slips to prove the financial requirement

Question / Issue - I am now confused whether the main applicant has to be me or my wife. I think it still has to be my wife as the child visa is linked to mother. But how will I prove the financial requirement. Is this covered under the covering letter I will be sending along with the application.

[joefreddy1906]

Hi

I am filling in my daughters visa application - “Work - Tier 1 (General) - dependants only - Tier 1 (General) Child” visa application found in the http://www.visa4uk.fco.gov.uk site

I am a UK Citizen and my wife is a tier 1 General dependent visa holder. Her visa is valid until Aug 2017. I need assistance on what details needs to be put in the following section of the application form

Section – Main Applicant.

I understand this is the mother as the child is getting only a Tier 1 General child Dependent visa in line with the mother. My wife is not working. I am the only earning member of the family. In this scenario what details I need to fill in for the following four mandatory questions?

Does the main applicant have a Certificate of Sponsorship or Confirmation of Acceptance for Studies number?
What job/course of study is the main applicant doing in the UK?
What is the address where the main applicant works or studies?
What is the start date of the job or course?

[UKQueries]

Hi joefreddy,
Finally, Have you entered Mothers details in the 'Main Applicant'?
Have you got the visa successfully?