Does my newborn need a visa?

I am traveling to the US in two weeks with my three-month-old daughter. I just had a horrible realization. Does my baby need a Visa in order to get back into the UK?

My husband and I are both American. My husband has a work permit and a visa and I have a work permit and a dependent Visa. My baby only has an American passport.

Can anyone help me with this? I am trying to look in the UK immigration website, but it's a bit hard to figure it out. I may be in a world of trouble.

Thanks!

Yes she does need a visa and could be refused re-entry to the UK without one.

There is absolutely no way to get the visa before you leave, there's just not enough time (I believe it would be an FLR(O) application).

An option that you have is to apply when you're in the US and use the Priority Application service you could have the visa in 48 hours.

Only other option is to postpone your trip until you can get the visa sorted from inside the UK.

Double frick. How stupid that I did not think of this sooner. I for some reason was just focused on the passport.

I am contacting my company. They managed to get my husband and I visas very quickly when we were in the US. I can only assume they'd be able to do the same for my child.

Yikes, could see how you could easily overlook that!  Good luck!!! 

Yes she does need a visa and could be refused re-entry to the UK without one.

There is absolutely no way to get the visa before you leave, there's just not enough time (I believe it would be an FLR(O) application).

An option that you have is to apply when you're in the US and use the Priority Application service you could have the visa in 48 hours.

Only other option is to postpone your trip until you can get the visa sorted from inside the UK.

What exactly does it mean to be refused entry? Will my baby be forced to get on a plane and go back to America? This is so frustrating...

They may not even let them on the plane as the airline will see that the child is going back to the UK with no return ticket to the US and no valid visa.

If they do let you on the plane then the IO could refuse entry or worse, stamp your child in as a visitor and then there is the problem that you won't be able to switch them from the visitor stamp to a visa because there is the 'no switching' rule. So you would have to return to the US to get the visa or your child becomes an overstayer after the 6 months.

So either it needs to be sorted before you leave or you have to sort it out while you are stateside.

An immigration solicitor could probably get it sorted before you leave but it's going to cost quite a bit of money as they do have access to PEO's and could make the application in person for you on behalf of your child as your legal representitive.


ETA: you could also contact UKBA Work Permit Contact Centre and see what they say: http://www.ukba.homeoffice.gov.uk/contact/contactspage/?item=130805

Thanks, WebyJ, that's helpful.

Worse comes to worse, they could stamp her as visitor and it might be ok. We're going back to the US on Dec. 21, so we would have that time to sort it out by that visit. But that's worst-case. Or, hey, I could just stay in the US until it's sorted out, and not return until January, when we plan to return from our second trip.

The thing I am not so sure about, is I am pretty sure we have to mail our passports in with the work permit. I hate mailing passports any where when there's a time constraint.

Which is why I would strongly suggest an in person application at a PEO but that can't be done before you leave unless you happen to get a cancellation appointment (wouldn't hurt to try) or you hire an immigration solicitor to get it sorted out for you.

Just remember that if the child is stamped in as a visitor there is no 'sorting it out' inside the UK unless you're attempting to go outside the rules (and then you're gonna need a solicitor) to do so because there is no switching to another visa status once you're a visitor. You have to return to the home country to get the proper visa.


If you do it in the US use the Priority Service through WorldBridge ($150 +tax), there's no biometrics because the child is under 5, the application would be made online, submitted & paid for online, FedEx overnight the required passports & documentation to the Consulate, with the Priority Service they'll process it in 48 hours and you could have it back via UPS in a few days. I'd say a week.

I meant we will be back in the US in December. So, sorting it out from there, worst-case scenario, if she was stamped as a visitor. But I'd really like to avoid that.

Thanks for the World Bridge link. I may have to go that route if our company isn't going to be much help. It doesn't look too complicated.

Though--one thing-- when I click on the online application to go to the Home Office app page, there is a message about the limit for Tier 1 applications being reached for October. If that's the case, I assume that will also be a time hinderance for us, even if we're doing the priority service?

Thanks again. I don't know how you know all about this, but it's super helpful. I feel a bit abandoned, as our company handled all of this for me and my husband. You'd think they'd do the same for our baby, but no word on that yet....

I thought you said you were on a work permit? Now it's a Tier 1? Which one is it?

Work permit and we have three-year visas....sorry, is that not the same as tier 1? From the descriptions, it's really hard to tell which one applies to dependents.

Work permit and we have three-year visas....sorry, is that not the same as tier 1? From the descriptions, it's really hard to tell which one applies to dependents.

No a Work Permit is not the same as a Tier 1 visa. Have a look at the actual visa in your passport and see what the description is as it will make a difference as to what form your child will need for their visa.

Ah, ok. It's a work permit. It just says: "Type: Work Permit" and then there's a work permit number. So...I guess I am just confused as to which it would be from this page:
https://visainfoservices.com/Pages/Content.aspx?Tag=VisaFormsAndPolicies_PAGE

Sorry for the confusion...our employer did the work for my husband and I, so I am a little uneducated as to the different types. Really appreciate your help!

Ah, ok. It's a work permit. It just says: "Type: Work Permit" and then there's a work permit number. So...I guess I am just confused as to which it would be from this page:
https://visainfoservices.com/Pages/Content.aspx?Tag=VisaFormsAndPolicies_PAGE

Sorry for the confusion...our employer did the work for my husband and I, so I am a little uneducated as to the different types. Really appreciate your help!

Here's the problem. Because your type of visa is no longer issued you're not going to find guidance for it. HOWEVER, the online application system used for US Based applications still has the function to do Work Permit Dependent applications.

So if you wanted to make the application while you're in the US then you would go to the Online Application System where the PURPOSE OF APPLICATION is 'Employment (non Points Based System) and the TYPE OF APPLICATION is 'Work Permit Dependent More than 6 months'. Submit it online, print off the application gather all the documentation, purchase the priority processing option and overnight it all to the Consulate  (I'd do it the day you arrive in the US) that way once they receive it you should have approval in 48 hours and your passports & such back within 4 or 5 days. If all goes smoothly. The fee is £270/$432 USD for the visa and $150 + tax for the Priority Processing.

Work Permit Dependents ECO's guidance can be found here: http://www.ukvisas.gov.uk/en/ecg/wpdependant#21894542 ,



I believe that the form for an in country application is the FLR(O) but you would need to contact the work permit support centre to verify this as I don't think anyone has ever reported back as to what form they've used previously when having a child on a work permit.

In country application information can be found here: http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/work-permit-holders/dependants/

Just glomming on here, because I'll be in a similar boat shortly.  We're here on T2-ICT, and will be having a baby in April.  Can we do an in-person priority appointment in Croydon for the baby's visa when the time comes (once we've got a birth cert., registered the birth at the embassy and gotten a passport)?