Very Confused! Please Help

[saqib389]

Hi Everyone.

It would be great if any of you can answer or help with my question.

Myself and my wife had an ILR in May and then we applied for our Son’s naturalization.

We need to go in 1 month time to our home country for some urgent reason.

My question is: I understand my Son who was born in UK now doesn’t have valid visa because that’s been expired 1 and half month ago I thought that I shouldn’t extend his visa because he will then have dual nationality

Now as we are waiting for naturalization to happen which may take couple of more months due to current timelines I am looking at, I wanted to understand what are my options so f we go back home then my Son can easily come back to UK.

Coming back from home country to UK again – if we show our Son’s birth certificate and letter from Home office saying that are reviewing the application – will they allow his entry to UK ?

Should I apply for his visa as a dependent based on my ILR – if yes then what form should I fill in ?

Is there any other suggestion ?

Any help would be great !

Many Thanks,
AM

[Subtle]

I am guessing that the best option would be to wait for naturalisation to come. Because even if you went out of the UK, your son will have to have a valid visa to enter the UK and don't expect the border control force to accept the acknowledgement letter because technically your son will not have a visa to enter and an application for naturalisation can still be refused on any grounds, until it has been accepted.

And even if you went for ILR dependent visa on SET(O) form (which I presume you'd intend to use), by looking at current time scales, it would take you at least 4.5 months to get the answer and also you'd have to withdraw the naturalisation application.

Just my opinion though, unless someone else has a better idea!

[saqib389]

Can i now be able to apply for my Son's dependent visa while i am waiting for naturalisation to happen ?

[Subtle]

Its pretty logical that only one application can be considered at one time. So if you apply ILR dependant then you must withdraw the naturalisation application first.

In normal circumstances, when you send any visa application from within the UK then you have to stay in the UK while your application is being decided. If you travel outside the UK then your application becomes invalid. I am guessing its the same case in naturalisation application too.

If your travel is highly urgent, then there is no harm in phoning the Home Office for an advise regarding expediting your application. They do consider expediting applications based on compassionate circumstances if you prove it.

[zzzindagi]

Hi Saqib,

I suggest you to wait for experts or check the nationalization section for relevant posts.

[vinny]

Its pretty logical that only one application can be considered at one time. So if you apply ILR dependant then you must withdraw the naturalisation application first.

No. Unless Section 3C/3D is active, multiple immigration leave to remain applications may be made. Moreover, a MN1 application is not a leave to remain application. There's no need to withdraw a MN1 application.

If you travel outside the UK then your application becomes invalid. I am guessing its the same case in naturalisation application too.

No. I don't think that is true. However, once citizenship is granted, any leave granted to the child ceases to exist (46).