TIER1 / ILR Dependant Visa

[Manju___]

Hello,
Myself and my wife entered UK in Feb 2008 with HSMP visa. Then we moved to TIER1 category after the extension. Both our childrens are born in UK and they possess Indian passport. My wife and childrens are now in India for last little more than a year to get domestic help from our parents to take care of kids. Now after 5 years of living in UK I have ILR Visa. My wife's & childrens TIER1 visa has expired while they are in India and now I want to get them back to UK. I am wondering what visa application should be used for them? Should it be ILR Dependant (VAF4A) or TIER1(Dependant). I think it should be ILR Dependant but one of my friend was suggesting it should be TIER1(Dependant) as they were already here in UK on TIER1 visa. Can you please help me to decide what Visa should I apply for my family members. thanks in advance.

[vinny]

Tier 1 dependant entry clearances are not possible.

UK born children are also entitled to register as British citizens.

[maidy]

As you(vinny) mentioned above, can a U.K born child of a parent with ILR, apply to register as British Citizen when child is not in U.K but been in U.K as a dependent of PBS migrant or child born in U.K but lived here for one year and moved back to home country.

My case is as follows please give your expert opinion,
I (main applicant) entered U.K on June 2008 with HSMP 2 years, (wife + child got visa as dependent same time but didn’t travel with me)
Wife+ one child entered U.K on 20th July 2009 as dependents of HSMP PBS migrant.
I as main applicant +Wife +1st child switched to T-1 General in May 2010
My 2nd child born in UK Aug-2010.
They all left U.K and went back to Pak on 30 June 2011.
Now I got my ILR last week while they are still outside U.K and their dependent visas expiring 02 June 2011. My 2nd child doesn’t have any visa in her passport because she was born in U.K and then travelled back to home country.

I need your advice what visa they will apply If they want to come to U.K in near future.
(Section 1(3) immediately after a parent is granted settlement/PR, their child is entitled to register for British citizenship (Section 1(3)), irrespective of child's immigration status.

[maidy]

sorry , their dependent visas expiring 02 June 2013,

(Section 1(3) immediately after a parent is granted settlement/PR, their child is entitled to register for British citizenship (Section 1(3)), irrespective of child's immigration status.
Does this section applicable for children 'of a settled person' living outside U.K

In case of wife /partner I believe she can apply as a partner of a settled person under Rules in place before 19 July 2012.
These rules require 2 year residency in U.K my partner dates are
20th July 2009 to 30 June 2011 in U.K which is 1 year and 11 months.
and her visa dates are HSMP dependent (May 2008 to May 2010) 2 years + T 1 General (dependent) 3 years (May 2010 to 02 June 2013

thanks in advance for reading my long posts. Please, all senior members, Gurus are requested to give their advice. Thanks again.

[vinny]

sorry , their dependent visas expiring 02 June 2013,

Tier 1 dependant entry clearances are not possible.

UK born children are also entitled to register as British citizens.

They should return to the UK prior to 2 June 2013. Else, they will have to apply for settlement visas, probably subject to Appendix FM.

UK born child is entitled to register as a British citizen.

[maidy]

sorry , their dependent visas expiring 02 June 2013,

Tier 1 dependant entry clearances are not possible.

UK born children are also entitled to register as British citizens.

They should return to the UK prior to 2 June 2013. Else, they will have to apply for settlement visas, probably subject to Appendix FM.
This Appendix applies to applications under this route made on or after 9 July 2012 and to applications under Part 8 as set out in the Statement of Changes laid on 13 June 2012 (HC 194), except as otherwise set out at paragraphs A277-A280.

UK born child is entitled to register as a British citizen.

after one year of his/her birth child is outside U.K without having any visa is he/she still can apply for British Citizenship from outside U.K??

[vinny]

Yes. Do click on the given links for more details.

[maidy]

UK born child is entitled to register as a British citizen.

after one year of his/her birth child is outside U.K without having any visa is he/she still can apply for British Citizenship from outside U.K??

Rest of the family: They can apply for settelment only if we assume they are applying under the rules in place before 09 July 2012. Its a bit of confusion.

[vinny]

I am on ILR (HSMP+T1), wife and son in Pakistan, they had HSMP dependent visas and then switched to T1 Dependent Visas expired in June 13, They lived in U.K 01 year and 11 months then moved back to pakistan in June-2011 and are still there.

Now i want to apply for their visas, Please guide me which forms to use and in whcih cat. they should apply. For wife, does she need to prove KOL, i belive she dont need if apply before 28 OCT 2013.
also need to know Financial req. applies or not.

Please reply .... .. thanks

[maidy]

I am on ILR (HSMP+T1), wife and son in Pakistan, they had HSMP dependent visas and then switched to T1 Dependent Visas expired in June 13, They lived in U.K 01 year and 11 months then moved back to pakistan in June-2011 and are still there.

Now i want to apply for their visas, Please guide me which forms to use and in whcih cat. they should apply. For wife, does she need to prove KOL, i belive she dont need if apply before 28 OCT 2013.
also need to know Financial req. applies or not.

Please reply .... .. thanks

[maidy]

can anybody there to reply pls

[Amber]

As there dep leave has now expired, you will have to apply for a spouse visa (click) for your wife and child or just the wife and register the child as British now on form MN1 under section 1(3) as the child was born in the UK and you have ILR.

Your spouse will have to meet an A1 English Language requirement and a financial requirement.

[maidy]

Thanks D4109125. For child MN1 forms needs 2 refrees are they have to be british citizens?
for A1 Eng Lang Req. what band score in IELTs will be equal to A1 and is there any other language tests other than IELTS which are approved.

Thanks again for your help...

[Amber]

One should be a British Passport holder (non-professional) but if necessary a commonwealth citizen can be used (as a last resort really).

See here (click) for the tests. The lowest IELTS score is B1 that is:

Listening – 4.0
Speaking – 4.0
Reading – 4.0
Writing – 4.0

Below that won't count as you cannot judge what is equal to A1.