Travel with child on dependent visa and parent on ILR

[rahuls]

I recently got ILR and need to travel with UK born child on a valid dependent visa (did not include him in ILR application to register later).

Vinny has kindly helped me in dispelling most of my doubts regarding this issue in the following thread.

http://www.immigrationboards.com/indefi ... 76365.html

Although i am convinced that it should be allowed but I am still worried as it is not very straightforward thing. It is a bit different from spouse on a dependent visa as sometimes that is the only option for the spouse. For the child we have other options like including the child in the ILR application or get a british passport for the child.

Thats why I am still a bit worried that whether at the border they create some problems for such cases and may be ask for some supporting documents e.g. child birth certificate or some other.

I am starting this topic to get the feedback of anyone who has traveled with his/her child on dependent visa but with parent(s) on ILR.

Any feedback would be much appreciated.

[rahuls]

Anybody who has traveled with UK born child on dependent visa and parent on ILR??

[rahuls]

Anybody who has been in this situation and travelled with uk born child on dependent and parent on ILR?

[rahuls]

I just called home office to check for my situation and the response I got was not what I wanted or expected to hear. He told me that it will be at the discretion of the officer at the border. He says that since you have moved from Tier 2 General to ILR, his Tier 2 dependent visa becomes invalid. And you would need to explain to the officer at the border that why you didn't apply for his british passport.

It is possible that he may not be know/understand the issue and may be there wouldn't be any issue but it has made me nervous now.

Can I start the process of registering my son, getting his UK passport and applying home country visa for him in parallel. And decide based on whether I get his registration certificate in time or not. Is there any problem in travelling abroad while his application for registration is under process?

Can somebody please advise?

Thanks

[t2ict]

Hi,

I was in a very similar situation like you and did travel to my home country on last november 2014, along with my dependent uk-born child. But have registered my child as a british citizen and had my certificate before traveling and while returning back showed it to the border officer and he's ok with it. No other questions asked.

Hope this helps you.

[rahuls]

Thanks a lot t2ict, i was thinking of doing the same after the call today, basically go as far as getting the visa for the home country in the 3 stage process (registration, getting the UK passport, applying for Indian visa), and after your response I am more inclined to take this route.

Would you mind telling your home country? Is it India by any chance? If yes then did they cause any problems. I will be going to India and while coming back to UK I had a bad experience at the immigration check, they were unnecessarily trying to fault in my visa.

[sagareva]

I recently got ILR and need to travel with UK born child on a valid dependent visa (did not include him in ILR application to register later).

Vinny has kindly helped me in dispelling most of my doubts regarding this issue in the following thread.

http://www.immigrationboards.com/indefi ... 76365.html

Although i am convinced that it should be allowed but I am still worried as it is not very straightforward thing. It is a bit different from spouse on a dependent visa as sometimes that is the only option for the spouse. For the child we have other options like including the child in the ILR application or get a british passport for the child.

Thats why I am still a bit worried that whether at the border they create some problems for such cases and may be ask for some supporting documents e.g. child birth certificate or some other.

I am starting this topic to get the feedback of anyone who has traveled with his/her child on dependent visa but with parent(s) on ILR.

Any feedback would be much appreciated.

any reason you are not registering the child as british now? he is now eligible

other than that, they do bother that much, to be honest.

the child has a visa -- good. especially if it's post july 2012 visa,no matter spouse or child, who cares why they didn't apply for ILR?

post-July 2012 tier 1 dependant visa is valid after main applicant's ILR

plus no one ever includes a UK-born child on an ILR because in most cases it would be complete nonsense

[t2ict]

Yes. I never had any such issues at the immigration check though. You can travel as long as the child BRP visa card has future validity dates and therefore you won't have any issues boarding the flights in india while returning.

[rahuls]

any reason you are not registering the child as british now? he is now eligible

other than that, they do bother that much, to be honest.

the child has a visa -- good. especially if it's post july 2012 visa,no matter spouse or child, who cares why they didn't apply for ILR?

post-July 2012 tier 1 dependant visa is valid after main applicant's ILR

plus no one ever includes a UK-born child on an ILR because in most cases it would be complete nonsense

Thanks for your response sagareva. Only reason to not register UK born child now as I need to travel within next 2 months and would not have enough time to register, get UK passport and get him a visa for home country

His visa is still valid for almost 2 more years, got it last year. But it was Tier 2 dependent. Going by your comment you mean that it would not be valid and only Tier 1 dependent is valid after ILR?? Please confirm.

[rahuls]

Yes. I never had any such issues at the immigration check though. You can travel as long as the child BRP visa card has future validity dates and therefore you won't have any issues boarding the flights in india while returning.

Thanks t2ict for your response, can you please let me know whether your child was on Tier 2 dependent or Tier 1 dependent visa

[vinny]

His visa is still valid for almost 2 more years, got it last year. But it was Tier 2 dependent. Going by your comment you mean that it would not be valid and only Tier 1 dependent is valid after ILR?? Please confirm.

Why ever not? There should be no difference as both are subject to 319H, 319I.

I did recommend that you register your child now, if you are so concerned at what to tell the Immigration Officer.

[t2ict]

Yes. I never had any such issues at the immigration check though. You can travel as long as the child BRP visa card has future validity dates and therefore you won't have any issues boarding the flights in india while returning.

Thanks t2ict for your response, can you please let me know whether your child was on Tier 2 dependent or Tier 1 dependent visa

My child was having T2G dependent visa at that time...

[rahuls]

Why ever not? There should be no difference as both are subject to 319H, 319I.

I did recommend that you register your child now, if you are so concerned at what to tell the Immigration Officer.

Yes Vinny you did indeed. And your help is very much appreciated in this regard. The links that you have provided indicates that my son can travel on the dependent visa.

But the problem is that it is not very straightforward and people can interpret that as my Tier 2 visa is not valid any more, the dependent's visa should also be invalid. The person whom I speak to yesterday in the home office clearly interpreted that way. When I tried to reason with him, he got a bit rude to me. And that is what I wanted to avoid if I can.

I wanted to avoid registration as I may not have enough time to receive the registration certificate before I travel. But now I think I would have to take this gamble.

[rahuls]

My child was having T2G dependent visa at that time...

Thanks t2ict

[vicky.h]

Hi I wanted to apply for my daughters Permanent Residency application but had few questions.
My Wife and myself were originally on Tier 2 (General) visa and got our ILR in September we didn't apply for our daughters ILR as she was born here in UK however we did apply for Tier 2 extension for all of us which is valid until November 2015.
My daughter still has a TIER 2 General Biometric Card.
We are planning to go to India in July this year so if we apply for her PR application after we come back in August and use her Tier 2 Biometric Card will that still be valid on entry. She holds an Indian passport and we didn't wanted to go thorough hassle of applying for British Passport and then applying for Indian Visa.
Your reply will be highly appreciated.
Thanks and regards
Vicky

[sanjaywakhare]

My child was having T2G dependent visa at that time...

Thanks t2ict

Hi Rahul,

Can you please tell us here what you finally did? Did you travel with your kid on PBS dependant?

[Ambuj]

Hi Guys,

I wanted to share this information that was sought in this topic.
I travelled with my son who was born in UK and is still on a Tier2 dependant visa. I have got ILR after completing the required tenure on Tier 2 General visa, but my son is still on Dependent visa as I did not include him in the ILR application since he was born in UK.
I travelled via London and there was no problem at all.

I hope this is helpful.

Good Luck
Ambuj