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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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I hold a tier 1 dependent visa and recently my infant

Resolved Question:

I hold a tier 1 dependent visa and recently my infant daughter has been issued one as well. But she can only travel with her father as it is a 'child accompanied' visa and his being the only name on it. We plan to apply for ILR by June this year as both my husband and I stand qualified for it. Assuming our application for ILR succeeds, my questions are: 1. Will our baby be granted ILR status? 2. If yes, how can I add my name on her ILR? Being her mother, I wish to travel freely with her

Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

Thank you Nicola .

I can wait for an answer.

Regards

Ashla

Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question, I will be happy to help you today.
Could you confirm where you child was born?
Will you be using the same-day service for your ILR application?
Kind regards
Customer: replied 2 years ago.

Thank you for getting in touch.

My child was born in India. We were planning to apply for a same day service for ILR by July ths year. Do you think it is advisable?

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
Just finally how long has your daughter been residing in the UK?
When did she initially arrive as a dependent?
Why is her father named in her passport?
Kind regards
Customer: replied 2 years ago.

My daughter is just five months old and has never been the UK. I have been there for two years and had my tier 1 dependent visa issued before July 2012. My husband has been there for five years.

Her father is the main applicant for her visa. We received a letter from the consulate saying that the application was a 'child accompanied' visa with only the father's name mentioned. If the child had to travel with someone else, their names should have been added or the application sould have been for a 'child unaccompanied' visa.

Thank you

Customer: replied 2 years ago.

letter from consulate

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
1. Unfortunately, your child would not be able to apply for ILR as your child was not born in the UK. Had your child been born in the UK, then he would have been able to apply for registration as a British National as soon as you obtain ILR.
In this case it may have been better for you to wait until you obtain ILR and then applied for the same for the child from India. Now what you will need to do is return to the UK with the child wait until you obtain ILR and then apply for the child to be issued with a dependent visa. Once you have been issued with citizenship, you may wish to apply for the child to also be issued with British Citizenship at the discretion of the home office.
In this case you would state why you believe that the child should be issued with citizenship and be allowed to become a British Citizen, it will then be up to the home office to review the application taking into account what you have stated.
2. Once you have obtained ILR you can then apply for the child's dependent visa and in the application state your name and your husband's name, then in the application you can also state that you wish for your name to be inserted in her visa to show that you need to accommodate the child when she travels.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience: I am a qualified solicitor and an expert in UK law.
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