how Non EU extended family member on pre settled status would sponsor their new born child inside the UK ?

[robin12345]

Hi.

My sister is a Pakistani national and on pre settled status(extended family member) here in the UK. She had a baby girl few months ago and we applied pre settled status for the baby with linking her application to the mother but it got refused as she cant sponsor her child because mother is dependent herself. Anyone got any idea what visa she should apply for her daughter please?

Thank you

[secret.simon]

What is the UK immigration status of the other parent?

[robin12345]

Thank you for your reply.
Both are Pakistani Nationals and mother is in the UK with pre settled status.

What is the UK immigration status of the other parent?

[JB007]

Is the baby still outside the UK?
eea-route-applications/both-parents-hol ... l#p2110406

[robin12345]

Yes mother and baby had to travel outside for emergency. Child has UK birth certificate and GP letters and stuff.

Is the baby still outside the UK?
eea-route-applications/both-parents-hol ... l#p2110406

[secret.simon]

Thank you for your reply.
Both are Pakistani Nationals and mother is in the UK with pre settled status.

What is the UK immigration status of the other parent?

What is the UK immigration status of the other parent?

The general rule of thumb is that the child will have the same UK immigration status as that of the second/less-privileged parent.

So, what is the second parent/father's UK immigration status? If they don't have any, then it is possible that the child is not eligible for a UK visa.

[robin12345]

Father is in Pakistan with Pakistani nationality. Can mother apply for dependent child based on human right route with myself as a British citizen and my wife as an Irish national?

Thank you

Thank you for your reply.
Both are Pakistani Nationals and mother is in the UK with pre settled status.

What is the UK immigration status of the other parent?

What is the UK immigration status of the other parent?

The general rule of thumb is that the child will have the same UK immigration status as that of the second/less-privileged parent.

So, what is the second parent/father's UK immigration status? If they don't have any, then it is possible that the child is not eligible for a UK visa.

[CR001]

Thank you for your reply.
Both are Pakistani Nationals and mother is in the UK with pre settled status.

What is the UK immigration status of the other parent?

What is the UK immigration status of the other parent?

The general rule of thumb is that the child will have the same UK immigration status as that of the second/less-privileged parent.

So, what is the second parent/father's UK immigration status? If they don't have any, then it is possible that the child is not eligible for a UK visa.

Not sure if the spouse was also sponsored as an extended family member when the OP asked about this in 2019.

eea-route-applications/can-non-eu-famil ... l#p1755699

[secret.simon]

As the OP's sister is a person on pre-settled status, she could sponsor both her husband and child on the same terms as a British citizen, meeting the minimum income requirement of £22,400 per annum or savings of £72,000 ((22,400*2.5)+16,000), the partner meeting the minimum English language requirement of A1 (though if he can get a B1, he can continue to use that certificate till ILR), etc.

The visa fees would be the usual £1,538 for both spouse and child (£3,076) and in addition, the Immigration Health Surcharge of £1,872 for the partner and £1410 for the child.

As mentioned earlier, the child would follow the same immigration pathway as the second/less-privileged parent and would need to apply for the same visa extensions at the same time.

[CR001]

As the OP's sister is a person on pre-settled status, she could sponsor both her husband and child on the same terms as a British citizen, meeting the minimum income requirement of £22,400 per annum or savings of £72,000 ((22,400*2.5)+16,000), the partner meeting the minimum English language requirement of A1 (though if he can get a B1, he can continue to use that certificate till ILR), etc.

The visa fees would be the usual £1,538 for both spouse and child (£3,076) and in addition, the Immigration Health Surcharge of £1,872 for the partner and £1410 for the child.

As mentioned earlier, the child would follow the same immigration pathway as the second/less-privileged parent and would need to apply for the same visa extensions at the same time.

She cannot sponsor them until she herself has Settled Status as she is non EU.

Only an EU citizen with pre-settled status can sponsor spouse/children under Appendix FM if the EU citizen was in the UK before 1st January 2021.

https://www.gov.uk/uk-family-visa/partner-spouse

[secret.simon]

She cannot sponsor them until she herself has Settled Status as she is non EU.

Only an EU citizen with pre-settled status can sponsor spouse/children under Appendix FM if the EU citizen was in the UK before 1st January 2021.

https://www.gov.uk/uk-family-visa/partner-spouse

CR001, you are quite correct and my earlier advice was incorrect.

I had misunderstood that *all* people with pre-settled status could sponsor their family members under Appendix FM. I went through the Immigration Rules and for non-EEA citizens, that ability does seem to be limited to those "present and settled in the UK".

I withdraw my advice given above.

To the OP, it seems that there is currently no option for your sister to sponsor her family to the UK, until she gets Settled Status, for which she herself will need to return to the UK, leaving the child with her partner.

[robin12345]

Thank you for everyone's reply. Is there anyway she can apply for dependent child visa via human rights route ?

Thank you

[secret.simon]

To the best of my knowledge, there is only a potential human rights approach if the child/person is already in the UK, i.e. to extend existing leave within the UK or to grant leave to an illegal resident already in the UK.

See, for instance, this thread, the main difference in this case being that the child is still in the UK (as are both their parents).

I don't think that there is a human rights option for bringing people into the UK, particularly when one of the parents is not even resident in the UK.

Your sister has an individual right to come to the UK, her family doesn't.