Status of my first child

[minigiant]

I am eligible to apply for ILR now. However, I have a question regarding the status of my son.

1) He was born in Malaysia in August 2011 and never been to the UK. We will bring him back to the UK in April 2012. So he will be in the UK for the first time in the coming April. Do I need apply any visa for him before travelling to the UK?

2) Me and my wife are staying in the UK under Tier 1 Visa. Should I include my son in the application for ILR?

Thanks in advance

Minigiant

[John]

Using your numbering :-

1. He needs a Child Settlement visa. That needs to be applied for in his country. It cannot be applied for in the UK. Do not bring him to the UK without that visa in his passport.
2. You cannot make that application.

But a Child Settlement visa, it is important to show that you have Sole Responsibility for the child. But in your absence in the UK, who has been looking after him? And what input into that process have you had?

[minigiant]

Hi John,

Many thanks for your respond. Can you please advise where can I got more information for child settlement visa. Many thanks

Minigiant

[vinny]

After you're granted ILR, see also
Guidance
Applying for a visa as the child of a British citizen or settled person
SET07 - Children
Sole responsibility

[pennylessinindia]

Using your numbering :-

1. He needs a Child Settlement visa. That needs to be applied for in his country. It cannot be applied for in the UK. Do not bring him to the UK without that visa in his passport.
2. You cannot make that application.

But a Child Settlement visa, it is important to show that you have Sole Responsibility for the child. But in your Absence in the UK, who has been looking after him? And what input into that process have you had?

Why would sole responsibility come into it . Surely the child is he and his wifes . if he and his wife still have PBS visa could child not apply for dependant visa and travel prior to ILR application is made ?

[vinny]

Yes (319F-319J), you're correct.

[John]

minigiant, can you please confirm the order of your intended applications? Are you intending to get a visa for your son first, and then apply for ILR? Or alternatively are you intending to get ILR, and then later a visa for your son?

Also whilst you tell us "I am eligible to apply for ILR now", when have you got to apply for ILR? That is, when does your current visa apply?

[minigiant]

Hi John, and others,

Many thanks for all responses. My plan is:

1) Apply the visa for my son in Malaysia coming March

2) Once approved, he will travel back to the UK with my wife

3) Then, I will apply for ILR (myself, wife and son) together, hopefully in June this year

My visa status is Tier 1 (general) and my wife is Tier 1 (dependent). I have been in Britain more than 14 years, legally. My wife is currently in Malaysia with my son and I have been traveling back every couple months.

So, will there be any problem with my order of applications?

Sincerely,
Minigiant

[John]

That plan makes total sense. So get the baby his visa, then he and your wife travel to the UK, then all three of you apply for ILR.

[minigiant]

Hi John

Thanks again. I have a further question.

My wife has been in the UK since July 2007 under dependent visa. However, she returned to Malaysia around May 2011 to have my son. She will return in end of April this year. So she will have ~11month out of the UK.

If I apply the ILR with my wife, will there be any issue?

Thanks
Minigiant

[vinny]

My wife has been in the UK since July 2007 under dependent visa. However, she returned to Malaysia around May 2011 to have my son. She will return in end of April this year. So she will have ~11month out of the UK.

If I apply the ILR with my wife, will there be any issue?

Thanks
Minigiant

She will probably be ok. KOL required. 

[minigiant]

Thanks Vinny.

Sincerely
Minigiant