Did you know that if you and your spouse are foreigners, your baby has no right to live in the UK, even if he/she was born there? That's what we were told by the border patrol agent at the Glasgow Airport after making a weekend trip to Paris when our son was two months old. Oops! We figured that after getting his passport, we were good to go. We were wrong. The border patrol agent VERY kindly let us back into the UK with the stern warning that he had the authority to put our son in detention and have him put on the next plane to the US without us (now, the logistics of doing this with a nursing infant would have been interesting, but nevertheless, he did a good job of scaring us). He stamped our son's passport with a six month tourist visa and told us we needed to apply for a proper dependent visa as soon as possible. Below I'll share with you what we learned about this process. As usual, though I'm writing from an American point of view, this information would likely pertain to other nationalities as well.
First of all, we found the citizen's advice bureaus to be very helpful. "The Citizens Advice service helps people resolve their legal, money and other problems by providing free, independent and confidential advice..." They are non-profit organizations and they are happy to help people like you and me with just these sorts of questions. I highly recommend giving them a call if you need help with anything.
The other folks to contact are the people at your regional Public Enquiry Office. Actually, the phone number on the website can be incredibly difficult to get through on, but it is possible. They are the people with the definitive answers, so it's good to double check any advice you get with them.
Basically, though, the form we were directed to complete to apply for our son's visa from within the UK is called the FLR(O) form (Further Leave to Remain (Other)). Note, this form is only applicable if you are trying to apply while in the UK. While it may not seem like the right form, it is. It's basically a left-overs sort of form for all the people who don't fit into other categories. Also note (this is important), your child will be the main applicant--don't be confused and add yourself as the main applicant and your child as the child of the main applicant. You will have to add a note explaining your particular circumstances, i.e., that the main applicant is a child.
Also, you will see on the application, that it is expensive. The current price is £465 if applying by mail and £665 if applying in person. Yikes! We had to remind ourselves that we didn't have a hospital bill for this kid! One final thing, the wait-time on this application if you mail it in is 4-14 weeks. The more expensive in-person appointments are processed same-day, but you often need to book your appointment a month in advance. You do this by calling the Public Enquiry Office mentioned above.
The other option, of course, would just be to go home to the US (or wherever you have citizenship) to make the application. If you do this, you would need to follow the procedures for applying for a dependent visa from the US per http://www.ukvisas.gov.uk/en/. The difficulty you might run into with this is knowing when to book your return tickets to the UK, since the visa application process can take several weeks and you are not permitted to apply without being on US soil. However, the price for the actual visa is currently around $230. The price difference may almost pay for your plane ticket to go home. Also note, biometric data is NOT currently required for children under the age of five years.
Tuesday, 7 July 2009
How to Get a UK Visa for a Foreign Baby, Born in the UK
Wednesday, 1 July 2009
FAQ's About Obtaining a UK Visa
Q. The website is kind of unclear. Do my spouse and I need separate visas? What about children?
A. YES. You will each need to fill out separate application forms. (Usually online.) Everybody needs their own visa.
Q. Do my spouse and children also need to have biometric data taken?
A. YES, unless they are under the age of five. (Children under age five are not currently required to have their biometric data taken.) When applying online, this can be particularly annoying, especially since some systems don't take into consideration that you may wish to book your appointments together. When my husband and I applied, he was given a slot at the end of August. The next appointment available when I applied (only minutes later) wasn't till mid September. Thankfully for us it was only a 45 minute drive. For some, the nearest office is hours away. So...
Q. ...Will we have to make the trip (to get our biometric data taken) twice?
A. Not necessarily. My best advice would be for both of you to apply (DEFINITELY, don't just think you can squeeze in an appointment without applying for one. In my experience, they WILL NOT see you if you do not have an appointment number. Even if you cry.) So, each of you get that appointment number and then make the trek to the office with your spouse for whoever's appointment comes first (even if the other person's appointment isn't for several days or weeks). There is a good chance that they will see you both together if one of you has an appointment scheduled for that day. Let me repeat again, though. DO NOT ATTEMPT THIS UNLESS YOU BOTH HAVE APPOINTMENT NUMBERS. And, if they insist on only seeing the one with the appointment on that day, at least the other has an appointment scheduled. If you'd waited to make that appointment, you would be adding several more weeks on to your waiting time.
Q. How long should I allow for my visa to be processed?
A. Well, the visa website says something like three weeks. If I were you, I would allow more like three months, just to be safe. This is coming from someone who had to cancel plane tickets and buy new ones because our visas weren't ready in time. To give you an idea, we applied at the end of July. The first biometric appointment wasn't available till the end of August. After that, we still had to send our paperwork in to be processed. This took a further three weeks. In all, our visas took about seven weeks to be processed. Maybe it was just a particularly busy time when we applied--it may not happen to you. But, if you can apply sooner, just do it. You will save yourself a potentially big headache and a sizeable wad of cash.
Q. My spouse is planning to work while I study. Is it okay to count this toward our maintenance fees on the application?
A. Yep. We did anyway.
Q. The application says to include our address in the UK, but we haven't secured housing yet. What should we do?
A. Make reservations at a hotel or hostel for when you arrive and include that as your address. Indicate you'll be staying there until you have secured housing.
I will keep updating with more FAQ's. In the meantime, feel free to ask questions and I'll be happy to answer as I can.
