Dependent VISA for our newborn baby

[micky1579]

Hi,

I have queries related to the Depedent VISA for my newborn baby. Below is context and the queries:

CONTEXT:

I am an Indian national and currently on Tier 1 (general) Migrant VISA with a Limited Leave to Remain valid till March 2013. My wife is on a UK Work permit also valid till March 2013.

Our baby boy was born in UK in November 2009. I have got his passport and birth certificate ready. We (I, my wife and baby) went for a vacation to India in last week of December. I have now come back to UK and my baby and wife are still in India to spend another 2 months of vacation. My wife plans to come to UK in last week of Feb 2010 with the baby and so I have to apply for dependent VISA for my baby. I am planning to have the baby dependent on my VISA (Tier 1 (General Migrant) VISA with LLR).

I was going through the following link to understand the Immigration rules http://www.ukba.homeoffice.gov.uk/polic ... /children/ and found following statement in paragraph 301

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Requirements for limited leave to enter or remain in the United Kingdom with a view to settlement as the child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement

301. The requirements to be met by a person seeking limited leave to enter or remain in the United Kingdom with a view to settlement as the child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement are that he:
(i) is seeking leave to enter to accompany or join or remain with a parent or parents in one of the following circumstances:
(a) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and the other parent is being or has been given limited leave to enter or remain in the United Kingdom with a view to settlement; or
(b) one parent is being or has been given limited leave to enter or remain in the United Kingdom with a view to settlement and has had sole responsibility for the child's upbringing; or
(c) one parent is being or has been given limited leave to enter or remain in the United Kingdom with a view to settlement and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child's care; and

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Since neither me nor my wife are settled in the United Kingdom, (i) (a) requirement is not met. Does that mean that we can not apply for dependent VISA for our baby on my VISA?

Even if my wife switches from work permit to dependent on my VISA (Tier 1 with LLR), the above condition is not met. How are we supposed to bring our baby to UK on dependent VISA then? Kindly help me with some advise.

Thanks

[vinny]

SET7.14 What is the position of Children born in the UK on or after 1 January 1989 but who are not British Citizens?

[micky1579]

Thanks for this valuable information. Below are some questions

1. The content in the link says

"Maintenance and accommodation requirements do not apply to a person who qualifies under these provisions."

Does that mean that I do not have to show my Bank Statements ( for proof of 1600 GBP present in last 3 months) and accommodation proof ( Tenancy Agreement). I went to VFS office in India to submit VISA application and I was asked to submit both bank statements and the accommodation proof.

2. If my child was born in India then what would have been the process to bring him in UK considering that I am on Tier 1 (General) VISA and my wife is on UK Work Permit.

Regards
Puneet

[vinny]

2. Tier 1 dependant.

Work permit dependant.

[micky1579]

Hi,

Thanks for your reply however I am slightly confused with your response.

As It is mentioned in paragraph 301 (i) (a), we couldn't have brought our child as Tier 1 dependent ( as neither me nor my wife is settled in UK) so the only option could be to bring the baby as dependent on my wife's work permit. Is that correct?

One final question (hopefully) to clarify my understanding: In the scenario of husband on Tier 1 Visa with LLR and wife dependent on him. How does the baby brought to UK if baby is born in India? Clearly as per 301 (i) (a), baby can not be granted dependent VISA for Tier (1).

[vinny]

301 is not applicable.

However,
304-309 (born in the UK) or
319H (PBS dependant) or
198 (work permit dependant)
may be applicable.