9

I'm on Tier 2 Sponsorship visa living with my wife in the UK since 2011. They don't count my full-time work on Post Study Work Visa, so that I am not eligible for ILR. My wife is now pregnant and she is planning to give birth in our home country.

  1. Is it a straightforward process for my newborn baby to get dependant visa? Does this happen through the usual dependant application in my home country by applying at the UK Embassy?
  2. Can my wife, as a dependant, leave the UK for more than 90 days and not have problems when applying for ILR (when they count days)? I thought this rule applies to main applicants only, i.e. myself. Can my wife leave the UK, for instance, for 6 consecutive months, then return to the UK and, when it is time, apply for ILR?
  3. Will my grandchildren have to go through same immigration process as I do now because my child (their parent) will be born outside of the UK?
Improve this question
1
  • If your child becomes a British citizen then no, your grandchildren won't need to go through a similar process because they will be British citizens too.
    – phoog
    Commented Mar 22, 2017 at 4:35

1 Answer 1

Reset to default
2

Is it a straightforward process for my newborn baby to get dependant visa? Does this happen through the usual dependant application in my home country by applying at the UK Embassy?

it is a straight-forward process and your child (i.e., YOU) should apply for entry clearance as a T2 dependent.

Can my wife, as a dependant, leave the UK for more than 90 days and not have problems when applying for ILR (when they count days)? I thought this rule applies to main applicants only, i.e. myself. Can my wife leave the UK, for instance, for 6 consecutive months, then return to the UK and, when it is time, apply for ILR?

No. If she is outside of the rules with respect to day counts, she will not qualify for ILR and her application will be refused. This could get expensive because then she will have to qualify for a spouse visa. They will allow some slippage on day counts if, for example, a relative is mortally ill and there's lots of reliable documentation to prove it. ILR is a very rigorous application with lots of checks and little room for discretion.

Will my grandchildren have to go through same immigration process as I do now because my child (their parent) will be born outside of the UK?

Indeterminate. Who knows? You are asking a question about the children of a child who is not yet born. Think about it. It's like 40 years into the future and we don't know what the new laws will bring even next year.

Improve this answer

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service and acknowledge you have read our privacy policy.

Not the answer you're looking for? Browse other questions tagged or ask your own question.