UK Born child visiting home country without visa

[kg_1218]

Hi

My UK born child is already holiding Tier 1 dep visa which is going to expire soon. I am planning to extend visa only for me and my wife as we dont have plan to travel outside UK. My concern is, do we face any issue in UK/India airport immigration if I want to travel with my family to India in case of emergency? Will they ask visa for my UK born child?

Thanx

[vinny]

If child overstays for over 90 days, then child may be subject to a one year re-entry ban, unless exempted.

[kg_1218]

Hi Vinny, Thank you for your response.Really appreciated. I dont think I understand what you are saying, I might be not good at explaining my situation.

We are eligible for ILR only on 2015 but I need to go for 2nd extension this year as I came to UK 1 year later after getting the visa. Just to avoid my son's extension fee, I am thinking to extend my & my wife visa as we dont have plan to travel outside uk and will be applying british passport for my child once we get ILR on 2015. I believe visa is not required for my UK born child as long as child is not travelling outside.

My clarification is: If we all need to travel to india due to some emergency before 2015, will my child face issue in Immigration (UK/India) as he will not be having any valid visa?

Thanks

PS: I understand I should apply dependent visa for my child before coming back to UK.

[vinny]

Child probably wouldn't face problems when exiting the UK. However, a PBS dependant child may face problems coming back, as explained above.

[UKBALoveStory]

If child overstays .

How can a child overstay if (s)he is born in UK?

[vinny]

My UK born child is already holiding Tier 1 dep visa which is going to expire soon.

When leave expires.

[kg_1218]

Thanks Vinny. I think UK born child dont need a visa to live in UK, it is required only if they want to travel outside UK and come back. Correct me if I am wrong.

vinny wrote:
Child probably wouldn't face problems when exiting the UK. However, a PBS dependant child may face problems coming back, as explained above.

-- Yes. In this case I have to apply dep visa from India.

Thanks

[vinny]

As explained above, child may have problems obtaining a PBS dependant visa, if s/he overstays for over 90 days.

[VJAI]

Hello Vinny,

Your child will need a visa only to enter the UK again in case of your emergency Visit to India. The child can stay in the UK till you get your ILR. Then he or she can apply to be registered as a British Citizen. (Child born in the UK and parents getting settlement subsequently)

[kg_1218]

Hi Vinny

"As explained above, child may have problems obtaining a PBS dependant visa, if s/he overstays for over 90 days."

-- When you say "Overstays", do you mean overstayed in UK? If yes, why do you think my child overstayed in this scenario? As my child born in UK, he is eligible to stay in UK without visa. Don't you think?

Thanks again.

[Amber]

Yes, the child would only overstay if s(he) was granted leave in the first place. To travel, in order to return, s(he) would need leave to enter, unless s(he) was registered as British upon a parent being granted ILR as per section 1(3) BNA.

[kg_1218]

Thanks Amber.

"Yes, the child would only overstay if s(he) was granted leave in the first place"
--I think you meant for non-UK born child. In my case my UK born child won't be considered as overstayer if I avoid extending child visa, travel to india(in case of emergency) and apply for dependent visa for my child from India. Sorry to be a pain, all I am trying here is possibilities of saving about 1500 pounds but I want to be safe at the same time.

[Amber]

No, I meant a child born in the UK. To save the money, don't travel! Simple.

[kg_1218]

I don't have plan to travel, that's the reason I am thinking whether to extend or not my Child's visa but I should travel in case of emergency.

Anyway thank you for all your help.

[vinny]

In my case my UK born child won't be considered as overstayer if I avoid extending child visa, travel to india(in case of emergency) and apply for dependent visa for my child from India.

Whatever gave you that idea?

Once a UK-born child has leave, the said non-British child is bounded by that leave and the consequences of being an overstayer.

However, this doesn't affect a UK-born child's future entitlement to register as a British citizen.

[kg_1218]

Thank you very much for your response. It really helped a lot.

Just to make it clear: UK born child can live in UK without visa (no limited time) and can register a british citizenship anytime after parents got ILR. In case if the child travelled outside of UK without valid visa then child will be considered as overstayer when they apply a dep visa. Let me know if my understandings are not correct.

[vinny]

Yes, children with expired leave may live in the UK as any other overstayers. However, I think it's unlikely that the Home Office will try to remove them if their parents' leave are still valid.

[Jambo]

A UK born child doesn't require to have a visa to stay in the UK following his birth. If he doesn't have a visa (at all), he can't overstay the visa. However, if the child already has a visa (because you applied for one), then he will overstay if the visa is not extended.

[kg_1218]

Thanks everyone for the responses.