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Regarding newborn's leave to stay in UK

Archived UK Tier 1 (General) points system forum. This route no longer exists.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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vivekbhadra
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Joined: Tue Apr 05, 2011 10:43 am

Regarding newborn's leave to stay in UK

Post by vivekbhadra » Mon Nov 05, 2012 10:34 am

I am working in UK under Tier 1 general visa and going to apply for extension on the 20th Nov, 2012.
I have been blessed with a baby boy recently 25th Sept, 2012. Now I am thinking of applying for his Indian Passport but it will take bit time and I do not think I would be able to receive his passport before my Tier 1 extension appointment date which is on the 20th Nov, 2012.

Now the question is what is the rule? Is it mandatory for me to apply for the newborn's visa at the time of my application or can I wait till I receive his Indian passport ? I am pretty confused on this.

I will have to take my newborn son to the visa office at the time of my (and family - wife and elder son) appointment. So would there be any problem if the visa officer notices that the child is not included in the application form?

Please advise.

Thanks and Regards,
Vivek

hsmp1412
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Posts: 283
Joined: Sun Mar 23, 2008 1:27 pm
Location: India

Post by hsmp1412 » Mon Nov 05, 2012 11:34 am

Your son can remain in the UK without a visa and there is no rule that makes it mandatory for you to apply for one. However, if you are planning on taking him out of the country, he will need a visa while entering back.

As far as I know, children are allowed in the visa office even if they are not on the application.

geriatrix
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Location: does it matter?
United Kingdom

Post by geriatrix » Mon Nov 05, 2012 3:25 pm

Life isn't fair, but you can be!

puneetdwd
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Location: London, UK
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Child born in UK Extension

Post by puneetdwd » Wed Nov 07, 2012 11:17 am

I read the document it doesn't clearly specify about 2nd extension of dependent CHild.

I have got my daughter T1 extension (1st extn) as we had to visit India, Now we would need one more extension to qualify for ILR

Can I opt out to include my daughter's application for 2nd extension as we dont have plan to visit Outside UK in near future?
Also as her 1st extension will expire? Will she become illegal?


Pls clarify or provide any link to read.
Many Thanks
PD
P

geriatrix
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Re: Child born in UK Extension

Post by geriatrix » Wed Nov 07, 2012 6:32 pm

puneetdwd wrote:Also as her 1st extension will expire? Will she become illegal?[/b]
Yes. Since the UK born child has been granted leave, the child is now subject to immigration control and therefore, just as anyone else subject to immigration control, the child will become an overstayer after expiry of current leave.

However, if child does not intend to travel outside the UK till the time you are granted settlement and if you are granted settlement, any period of overstay will become irrelevant as the UK born child will then (after either parent is granted settlement) will be "entitled" to register as a British citizen.

Do the immigration rules specify anything about "more than one" extension .. for anyone? Or restrict extensions to "only one" under any immigration category? No.
Life isn't fair, but you can be!

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