American Tier 1 Dependant Query

[syed786]

Hi,
First of all thanks to all the forum members for all the help in guiding my Tier 1 Application. Had some urgent query.

I have a Tier 1 Visa effective Nov 1st 2008 along with my dependants (Wife and Daughter). We traveled to UK on December 13th, 2008 and came back to India on January 13th, 2009. My wife is pregnant and we are expecting our 2nd child in May 2009. I have the following query

1) I have read somewhere that there is a 90 days clause, wherein the Tier 1 Applicant cannot be outisde UK for more than 90 Days at one go or else it may delay ILR and reset the clock. Is that true? because I plan to go to UK alone on April before the 90 days expire.

2) My wife and my daughter also have a USA Visa and I am planning to send them to USA for her delivery which is due in May. Which means that the baby who is born in May 2009 would aquire US citizenship. My question is, will that impact my wife and 1st child's travel back to UK.

3) As my second child will be a US citizen, and US citizens are eligible to enter UK for 6 months at Port of Entry(London). Do I need to apply for Tier 1 Dependant for my second child, if yes, then can I apply for his/her Tier 1 Dependant Visa from USA or does my wife has to come back to India.

4) Hypothetically if the above plan is implemented and if my wife along with my 1st and 2nd child enter UK on June 30th 2009, which would be 169 Days (As she exited UK on January 12th and would be re-entering UK from USA on June 30th), will that create any kind of a problem.

5) What would be the status of our ILR, me as Primary applicant would be entering UK within 90 days of my exit, but my dependants would enter after 169 days. Will their ILR be reset or does it go along with the primary applicant.


I have complete hope in this forum to answer my above questions as I would plan accordingly. Would request the senior member to respond at the earliest.

Regards Syed

[syed786]

Awaiting response from senior members... Please help answer my queries.

[UKbound]

1) I have read somewhere that there is a 90 days clause, wherein the Tier 1 Applicant cannot be outisde UK for more than 90 Days at one go or else it may delay ILR and reset the clock. Is that true? because I plan to go to UK alone on April before the 90 days expire.
Yes, time that is excessive outside the UK in any given year can cause issues when you apply for ILR. The proposed changes indicate that more than 90 days outside the UK per year can be a problem. This can be waived with good explanation at the discretion of the HO. (Usually work-related travel reasons)

2) My wife and my daughter also have a USA Visa and I am planning to send them to USA for her delivery which is due in May. Which means that the baby who is born in May 2009 would aquire US citizenship. My question is, will that impact my wife and 1st child's travel back to UK.
I dont understand the question. Visiting the US would not affect your existing children or wife's UK visa.
3) As my second child will be a US citizen, and US citizens are eligible to enter UK for 6 months at Port of Entry(London). Do I need to apply for Tier 1 Dependant for my second child, if yes, then can I apply for his/her Tier 1 Dependant Visa from USA or does my wife has to come back to India.
You would need to obtain a passport for your new baby, and apply for a dependent visa for the child as well. You can not bring the baby to the UK for residency based upon the visa waiver programme, as this is for temporary travel in the UK only. If you have the intention to keep the baby here (which would be demonstrated by your wife's residency visa), then they can deny admission to the baby if they don't have the right visa.

Generally, you need to apply for the dependent visa from the place where you have been legally residing for the most recent time, or your home country. Given that the baby would be a US citizen, you should be able to apply on their behalf within the US. Keep in mind, that since the baby will be a US citizen, there may be a problem with their travel to India, as Americans require visas for that and I dont think India permits dual citizenship.

4) Hypothetically if the above plan is implemented and if my wife along with my 1st and 2nd child enter UK on June 30th 2009, which would be 169 Days (As she exited UK on January 12th and would be re-entering UK from USA on June 30th), will that create any kind of a problem.
Depending upon when you would qualify and apply for ILR, and the amount of time that your wife would have in the UK at that time, the time away could cause a problem. They need to qualify for ILR on their own, but dependents can have different requirements as well. This has come up before, so you can search the forum to find this out.

5) What would be the status of our ILR, me as Primary applicant would be entering UK within 90 days of my exit, but my dependants would enter after 169 days. Will their ILR be reset or does it go along with the primary applicant.
They need to qualify for ILR on their own. I'm sure others in the forum can give you more details about the details, or you can search as it's a common issue.

You may also want to check the criteria and timeframes for obtaining a US passport. Given that there has been a large backlog for US passport applications, you should make sure this can happen in the timeframes that you have laid out. Also, depending upon what type of visa your wife has for the US, she may be given some difficulty if she tries to enter and is visibly close to her due date.

Good luck!
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