Child Settlement Visa

[mathavanmani]

Hi All,

I have got my ILR/Settlement visa on May-2016 and was on Tier -1 Dependent visa before that. My wife's visa is Tier 1 dependent which is valid till next year and she is in India now. I'm in the process of applying settlement visa for my 6 Months old daughter. I got the following question. It would really helpful if you people can help me with this.

Is it Correct to apply Settlement visa for my daughter when my wife is still in Tier 1 dependent ( also in India).

Thanks for your help.

Best Regards,
Mathavan.M

[anoops1984]

When is your wife eligible for ILR? Assuming child is born in India then probably you need to apply for entry clearance. Please check the below text from this link
https://www.gov.uk/guidance/immigration ... ly-members

(e) Both of an applicant’s parents must either be lawfully settled in the UK, or being granted indefinite leave to remain at the same time as the applicant, unless:
(i) The Points Based System Migrant is the applicant’s sole surviving parent, or
(ii) The Points Based System Migrant parent has and has had sole responsibility for the applicant’s upbringing, or
(iii) there are serious and compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made for the applicant’s care, or
(iv) One parent is, at the same time, being granted indefinite leave to remain as a Relevant Points Based System Migrant, the other parent is lawfully present in the UK or being granted leave at the same time as the applicant, and the applicant was granted leave as the child of a Relevant Points Based System Migrant under the Rules in place before 9 July 2012.

[CR001]

Child applies for the same visa category as your spouse. Where is the childhood now, abroad or in the UK?

[mathavanmani]

Hi,

Thanks Anoops and CR001.

My wife and my daughter are in India at the momement. And My wife got the Tier 1 dependent visa only on March 2015.

So,Does that imply I can't apply for settlement(dependent) visa only for my daughter?.... As my wife is currently not (settled )in UK or hasn't got ILR.

Thanks Again.

Best Regards,
Mathavan.M

[Casa]

Child applies for the same visa category as your spouse. Where is the childhood now, abroad or in the UK?

[secret.simon]

Did you get your ILR through 5 years on Tier 1 or 10 years Long Residence?

As CR001 and Casa have advised, children born outside the UK have the same immigration status as that of the less-privileged parent. In this case, it will be your wife.

The child can register as a British citizen when both the parents and child have been granted ILR and at least one of the parents is a British citizen.

[mathavanmani]

Hi,

I have got the ILR through 5 year long residence using my Tier general 1 visa .

So, at this point of time, Appropriate visa type I should go for my daughter is Tier 1 dependent ?

Thanks.

Best Regards,
Mathavan.M

[Obie]

Where was the 6 months Old daughter born?

[secret.simon]

Appropriate visa type I should go for my daughter is Tier 1 dependent ?

Assuming that the child is born in India, then yes, the child needs to apply for Tier 1 dependent visa.

[mathavanmani]

Hi Obie and Simon,

Yes, My daughter is born in India. Should have mentioned that. Thanks for the clarification.

I can't even go for Settlement Dependent visa ( Not sure one such exists) or Join the family ' as in https://www.gov.uk/join-family-in-uk/overview ?

Thanks.

Best Regards,
Mathavan.M

[Casa]

Appropriate visa type I should go for my daughter is Tier 1 dependent ?

Assuming that the child is born in India, then yes, the child needs to apply for Tier 1 dependent visa.

[neel1810]

I am just referring to immigration rule below and according to that you might be eligible. Please read through the rule.

https://www.gov.uk/guidance/immigration ... ly-members


319H. Requirements for entry clearance or leave to remain

To qualify for entry clearance or leave to remain under this route, an applicant must meet the requirements listed below. If the applicant meets these requirements, entry clearance or leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and if applying for leave to remain, must not be an illegal entrant.
(b) The applicant must be the child of a parent who has, or is at the same time being granted, valid entry clearance, leave to enter or remain, or indefinite leave to remain, as: (i) a Relevant Points Based System Migrant, or
(ii) the partner of a Relevant Points Based System Migrant.

or who has obtained British citizenship having previously held indefinite leave to remain as above.
(c) The applicant must be under the age of 18 on the date the application is made, or if over 18 and applying for leave to remain, must have, or have last been granted, leave as the child of a Relevant Points Based System Migrant or as the child of the parent who had leave under another category of these Rules and who has since been granted, or, is at the same time being granted, leave to remain as a Relevant Points Based System Migrant.