Child Born in UK to Parents not having ILR as yet

[nasa.06]

Hi,

I am working in the UK on Tier 2 General Visa since 2012, living with my family they are on Tier 2 Dependent Visa. We will be applying for ILR in June 2017. I am in the process of changing my job and will have to apply for a new visa.

Our child was born in UK a couple of months ago. We have no plans of travelling out of the UK for next 2 years (till the time we apply for ILR).

I have a query:

1) What should I mention on the number dependents column in the visa application form? As, I am not planning to apply for my child's visa

Many thanks in advance for your advice.

NASA

[fwd079]

Personally I think you will be taking a risk as until you are granted ILR, your child is bound to go with your visa status i.e. dependant, if you are changing your job. Situation is different for Tier 1 as you don't need to change visa status with change of job.

[PrestonLancs]

Hi,

I am working in the UK on Tier 2 General Visa since 2012, living with my family they are on Tier 2 Dependent Visa. We will be applying for ILR in June 2017. I am in the process of changing my job and will have to apply for a new visa.

Our child was born in UK a couple of months ago. We have no plans of travelling out of the UK for next 2 years (till the time we apply for ILR).

I have a query:

1) What should I mention on the number dependents column in the visa application form? As, I am not planning to apply for my child's visa

Many thanks in advance for your advice.

NASA

What should you mention? You should mention the truth. Your child is your dependent, so not mentioning will be a lie. Why lie on an application? There is no need to.

[sagareva]

you can just ignore the UK-born child for all application purposes

a UK-born child requires no permission to be here until and unless they travel out of the UK and want to re-enter, and bringing her or him up anywhere will be only confusing

obviously if not applying they are not a dependant for purposes of tier 2 application form

[fwd079]

obviously if not applying they are not a dependant for purposes of tier 2 application form

I am not clear so please correct me. Will Tier-2 visa not require him to mention all his dependants? Regardless of location?

[geriatrix]

OP,

1. You don't apply for "visa" from inside the UK. You apply for "leave to remain".
2. A "dependant" from a family / sustenance purposes is not a "dependant" for immigration purposes unless the "dependant" needs to depend on you (read your visa or leave to remain) to be eligjble to apply for leave to enter / remain in the UK.

Since your child was born in the UK, he/she can "remain" in the UK without having to depend on your Tier 2 status - as has been clearly stated by sagareva.