New-born Tier-1(General)dependent visa & mother has PSW

[Saslam8290]

I need advice regarding our visa case. Let me tell you the complete case.

My husband is on HSMP (General Tier-1) and his extension is due on 10th Feb 2013. He came to UK in September 2008 on student visa. Later he got job and got PSW, then later on he got HSMP in Feb 2010 as he got full-time job of his profession.
I came to UK in September 2010 on study visa valid till Jan 2012. I applied PSW on 22nd November 2011 and successfully granted leave to remain in UK till 21st November 2013.
We got married on 8th April 2011. We have all papers and proof of evidence with us, marriage took place in Pakistan.
Now the situation is that I am unable to find work, don't want to stay on PSW Visa and want to switch to HSMP visa as dependent with my husband's extension. I am 7 months pregnant as well.
My Questions are:
I have been told by lawyers that I have to apply from home country to become tier-1 (general) dependent. Is this true?
If I apply from home country, how old dated the documents should not be to be acceptable to UKBA? Some suggests 14 days whereas some websites declares it should not be older than 31 days. Please specify the correct case.
Can we apply for the visa of our new born child as tier-1 (general) dependent being in UK provided that the I am on PSW and my husband is on tier-1 (general)? I mean do I also have to be tier-1 (general) dependent before we apply for new-born child tier-1 (general) dependent visa?
As my visa is expiring in November 2012, is there any time limit before which I should or should not apply visa as tier-1 (general) dependent? Or I can do anytime?
Please let me know if there is any way out.

I will be grateful to you.

Thanks

[intelinside]

I am seriously stressed regarding our visa case. Let me tell you the complete case.

My husband is on HSMP (General Tier-1) and his extension is due on 10th Feb 2013. He came to UK in September 2008 on student visa. Later he got job and got PSW, then later on he got HSMP in Feb 2010 as he got full-time job of his profession.
I came to UK in September 2010 on study visa valid till Jan 2012. I applied PSW on 22nd November 2011 and successfully granted leave to remain in UK till 21st November 2013.
We got married on 8th April 2011. We have all papers and proof of evidence with us, marriage took place in Pakistan.
Now the situation is that I am unable to find work, don't want to stay on PSW Visa and want to switch to HSMP visa as dependent with my husband's extension. I am 7 months pregnant as well.

My Questions are:

I have been told by lawyers that I have to apply from home country to become tier-1 (general) dependent. Is this true?

Yes. As per http://www.ukba.homeoffice.gov.uk/visas ... dantroute/ you need to to visit your home country to apply as tier 1 (G) dependant.

If I apply from home country, how old dated the documents should not be to be acceptable to UKBA? Some suggests 14 days whereas some websites declares it should not be older than 31 days. Please specify the correct case.

It is 31 days as mentioned on page 13 here: (http://www.ukba.homeoffice.gov.uk/sitec ... olicy1.pdf)

Only the most recent statement must be dated within 31 days of the date of application.

Can we apply for the visa of our new born child as tier-1 (general) dependent being in UK provided that the I am on PSW and my husband is on tier-1 (general)? I mean do I also have to be tier-1 (general) dependent before we apply for new-born child tier-1 (general) dependent visa?

Not sure about this but that wil depend where the child is born. If in home country, you can both apply at the same time. If in UK, as you will already be on Tier 1 (G) visa, this question becomes irrelevant. In other words, you can apply for this new born as a tier 1 general dependant.

As my visa is expiring in November 2012, is there any time limit before which I should or should not apply visa as tier-1 (general) dependent? Or I can do anytime?

You said it is expiring on Nov 2013 earlier in your post (and successfully granted leave to remain in UK till 21st November 2013.) Is that a typo? If not, you will have to go back to your home country before your PSW expires and apply for dependant visa whenever you want, I think

Thanks

[Saslam8290]

Thanks for the reply,

But you have misunderstood the questions related to baby visa. Baby will be born in UK in Feb 2013 and at that time I won't be having tier-1 dependent visa, I am on PSW. We want to apply for baby's visa before I go to Pakistan for my visa application. Is this possible?

[sameday]

Thanks for the reply,

But you have misunderstood the questions related to baby visa. Baby will be born in UK in Feb 2013 and at that time I won't be having tier-1 dependent visa, I am on PSW. We want to apply for baby's visa before I go to Pakistan for my visa application. Is this possible?

If the baby born in UK you don,t need a visa to travel to your home country.But you need a valid passport to travel for the baby.Whenever you want to come back to UK you have to take dependent visa for baby for the entry clearance to UK.In your case you can travel with PSW visa along with your baby and before you come back process Tier 1 dependent visa from Pakistan.

[Saslam8290]

Thanks for your reply but we want to apply baby-visa from UK. Please let me know if this is possible. We don't want that baby travels to Pakistan without visa. We have plan to visit Europe too before going to Pakistan to apply for my dependent visa.

[sameday]

Thanks for your reply but we want to apply baby-visa from UK. Please let me know if this is possible. We don't want that baby travels to Pakistan without visa. We have plan to visit Europe too before going to Pakistan to apply for my dependent visa.

As your husband is under Tier 1 General visa your new born baby also will be eligible to get the Tier 1 dependent visa.If you want you can apply UK under Tier1 dependent category .

[Saslam8290]

Yeah that's what I wanted to know. Then its smooth enough !!! Thanks