Visa for child of person settled in UK but born in India

[vikrant_kale]

Hi Guys,

I need some help to apply for my daughter born in India.

I am the father of daughter living in UK on ILR visa. My Wife is on Tier-1 dependant visa as she is not yet eligible for ILR ( She was sent back from Public Enquiry office, Croydon when we had taken an application to apply for her settlement visa FLR(M) just after I got my ILR and they advised that it is not required as her Tier-1 dependant visa is valid until December 2012 ).

My Daughter is born in India in December 2011 and we applied her PR dependant visa ( VAF4A) but last week we have received a call from British High commission in Mumbai, India asking us to withdraw the application. The reason they are giving us is that as the mother is on Tier-1 dependant visa they can not grant the settlement visa though the father ( myself ) on ILR.

I have sent them an email with all the details and have explained them the scenario, still awaiting the reply.

My Questions are -

1. What are the chances that they will reconsider my request and grant settlement visa for my daughter?

2. If they reject the application whats the best way to get my daughter ASAP in UK?

[vinny]

I am the father of daughter living in UK on ILR visa. My Wife is on Tier-1 dependant visa as she is not yet eligible for ILR ( She was sent back from Public Enquiry office, Croydon when we had taken an application to apply for her settlement visa FLR(M) just after I got my ILR and they advised that it is not required as her Tier-1 dependant visa is valid until December 2012 ).

That's inconsistent with previous advice.

[vikrant_kale]

Thanks Vinny.

But to apply setllement visa will take another 2 months for my wife to bring here and more importantly BHC Mumbai have not yet rejected visa application for my daughter instead they are asking me to withdraw which is bit weird.

What could be the reason that they are asking me to withdraw instead of rejecting the application?

whats the way forward in my case?

[vinny]

I think that your wife should apply for FLR(M) sooner rather than later. Subsequently, after grant of FLR(M), child may apply for a child settlement visa.

[vikrant_kale]

Can I apply FLR(M) and child's settlement visa at the same time ?

Because if I apply one after the other it will take 4 months.

Instead is it advisable to apply for tier- 1 dependant for daughter ?

[vinny]

Unfortunately, FLR(M) and child settlement visa applications are in different countries. The latter is dependent on the former.

I don't think that your daughter can apply as a Tier 1 dependant as you are no longer a Tier 1 holder.

[vikrant_kale]

I understand FLR(M) can not be applied from outside UK and as my wife is in India she wont be able to apply for that.

I am totally confused now -

British high commission is suggesting to apply in Tier-1 dependant category. But as you said Vinny if I am not on Tier-1 visa anymore how that can be applied.

Also if they think I have applied the visa in wrong category why they are not rejecting the visa and asking to withdraw application myself?

[vinny]

See also spouse visa from india, queries, urgent. please help

[pennylessinindia]

I think that they are asking you to withdraw to save your child being refused in the category applied for .
Why not ask them to hold the application and submit your wifes application quickly so they can be considered together

[sahalyabaskar]

Hi vikhrant

I'm on the same situation now.. My husband is on ILR and I came to India as Tier 1 dependent for my delivery and my visa is still valid. And we have applied for child of a settled person visa for my daughter and waiting for result. We applied on dec 27th 2013 and no updates yet. Can u tell me what happened in ur case. It would be very useful for us if u can reply back asap.

Thanks
Pavithra

[sahalyabaskar]

Could u pls reply.. its really urgent