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Father-ILR, Mother-LLR, Child visa refused

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hariprasad
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Father-ILR, Mother-LLR, Child visa refused

Post by hariprasad » Wed May 04, 2016 10:26 am

Hi All,
Initially I came to UK with Tier1 General in 2010 and later I have applied pbs dependent for my wife in 2013. successfully.
Later I have extended both my visa and my wife visa in October 2014 and we got visa till October 2017.
But in 2015 April my wife went to India for baby delivery and in October 2015 I went for ILR and I got ILR successfully.
Now I have applied settlement visa for my baby(8 months old) in April 2016 and it got refused with below reason.
you have applied to accompany your mother,to join your father in UK.Your father is an Indian national who holds indefinite leave to remain.Your mother is an Indian national who holds limited leave to remain valid to october 2017 as the dependent of a points based migrant.
Iam not satisfied with immigration rules E-ECC 1.6.

So, I am not sure should I apply settlement dependent for both baby & mother ? or
I should apply PBS dependent for baby aligned with mother existing visa?
and also how much funds money needs to maintain for 3 months?
If apply visa how long it will take and within how many days baby and mother should be in uk after visa arrival?
Please help me on this situation,already one of my visa got rejected?
Many Thanks,
Hari

geriatrix
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Re: Father-ILR, Mother-Tier1 Dependent, Child born in India-

Post by geriatrix » Wed May 04, 2016 11:17 am

Apply for entry clearance as PBS dependant for the child.
Read the PBS dependant policy guidance.
Life isn't fair, but you can be!

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CR001
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Re: Father-ILR, Mother-LLR, Child visa refused

Post by CR001 » Wed May 04, 2016 11:18 am

I should apply PBS dependent for baby aligned with mother existing visa?
This one.

Visa will be granted for an initial period of 30 days and they should travel within that time.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

secret.simon
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Re: Father-ILR, Mother-LLR, Child visa refused

Post by secret.simon » Wed May 04, 2016 12:13 pm

Children born outside the UK are issued visas in line with that of the less-privileged parent.

So, your child will be on the same visa as your wife, will get ILR with your wife's ILR application and can be registered as a British citizen when your wife applies for naturalisation.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Reus
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Re: Father-ILR, Mother-LLR, Child visa refused

Post by Reus » Wed May 04, 2016 9:25 pm

but what stopped you from letting your wife have the delivery here in uk? all this headache would have been avoided.Knowing uld end up bring ur children to uk, ucud have easily had them here to save urself time, money and fears of refusal.
I pray you have a breakthrough n it shall be quick till u get reunited wiv ur family peacefully.

hariprasad
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Re: Father-ILR, Mother-LLR, Child visa refused

Post by hariprasad » Mon May 09, 2016 5:15 pm

Thank you all for answering..

Now I am holding ILR visa,Can i apply PBS dependent visa for my child born in India?
Couple of colleagues said that I can't apply pbs dependent if I am holding ILR..
I should apply ILR dependent for both wife and child on same time from India?

Please help me on this?

Regards
Many Thanks,
Hari

computaboi
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Re: Father-ILR, Mother-LLR, Child visa refused

Post by computaboi » Mon May 09, 2016 7:02 pm

hariprasad wrote:Thank you all for answering..

Now I am holding ILR visa,Can i apply PBS dependent visa for my child born in India?
Couple of colleagues said that I can't apply pbs dependent if I am holding ILR..
I should apply ILR dependent for both wife and child on same time from India?

Please help me on this?

Regards
Many Thanks,
Hari
As your wife holds valid permission to stay in the UK under PBS dependent category till 2017 she doesn't have to apply again with the child till her current permission expires.

You will need to apply visa for your child though, follow this link
https://www.gov.uk/join-family-in-uk/overview

After entering to UK I suggest to change your Mrs. visa category to FLR(M). So you save money and time towards her ILR status.
Follow: https://www.gov.uk/remain-in-uk-family/apply
As she has been outside UK for more than 180 days since last April there is no point extending her visa under PBS dependent visa (£1785).

FLR(M) can only be applied inside the UK and it is £811 per applicant
Joining your partner or parent from Abroad costs you £1,195 per applicant

In your case your child will not be granted ILR status till your Mrs gets one.

*Tier 1 (G) comes under PBS dependent

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CR001
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Re: Father-ILR, Mother-LLR, Child visa refused

Post by CR001 » Mon May 09, 2016 7:36 pm

hariprasad wrote:Thank you all for answering..

Now I am holding ILR visa,Can i apply PBS dependent visa for my child born in India?
Couple of colleagues said that I can't apply pbs dependent if I am holding ILR..
I should apply ILR dependent for both wife and child on same time from India?

Please help me on this?

Regards
Many Thanks,
Hari
The rules allow your PBS dependents to continue extending their visa till they meet the requirements for ILR. There is NO absence limit for PBS dependents.

Your colleagues are wrong. You apply for a PBS dependent visa for your child which will be issued in line with your wife's visa.

If you apply for ILR dependent, their 5 years will start from scratch from the date they enter the UK>
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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CR001
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Re: Father-ILR, Mother-LLR, Child visa refused

Post by CR001 » Mon May 09, 2016 7:39 pm

computaboi wrote:You will need to apply visa for your child though, follow this link
https://www.gov.uk/join-family-in-uk/overview

After entering to UK I suggest to change your Mrs. visa category to FLR(M). So you save money and time towards her ILR status.
Follow: https://www.gov.uk/remain-in-uk-family/apply
As she has been outside UK for more than 180 days since last April there is no point extending her visa under PBS dependent visa (£1785).

FLR(M) can only be applied inside the UK and it is £811 per applicant
Joining your partner or parent from Abroad costs you £1,195 per applicant

In your case your child will not be granted ILR status till your Mrs gets one.
Please don't give incorrect and confusing advice. The child cannot apply for 'join family in UK' i.e. child settlement visa. The OP did this and it was refused. Please read the whole thread.

Child should apply for PBS dependent which will be granted in line with the mother. There is no need for mother or child to 'switch' to FLR(M) at some point.

There is no absence limit for PBS Dependents.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

computaboi
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Re: Father-ILR, Mother-LLR, Child visa refused

Post by computaboi » Mon May 09, 2016 9:56 pm

CR001 wrote:
computaboi wrote:You will need to apply visa for your child though, follow this link
https://www.gov.uk/join-family-in-uk/overview

After entering to UK I suggest to change your Mrs. visa category to FLR(M). So you save money and time towards her ILR status.
Follow: https://www.gov.uk/remain-in-uk-family/apply
As she has been outside UK for more than 180 days since last April there is no point extending her visa under PBS dependent visa (£1785).

FLR(M) can only be applied inside the UK and it is £811 per applicant
Joining your partner or parent from Abroad costs you £1,195 per applicant

In your case your child will not be granted ILR status till your Mrs gets one.
Please don't give incorrect and confusing advice. The child cannot apply for 'join family in UK' i.e. child settlement visa. The OP did this and it was refused. Please read the whole thread.

Child should apply for PBS dependent which will be granted in line with the mother. There is no need for mother or child to 'switch' to FLR(M) at some point.

There is no absence limit for PBS Dependents.
Apologies and Thanks for correcting me.
I overlooked age requirement!

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