Son's immigration status and options

[Norobot]

Hi all, I am seeking info. for my son and would appreciate your help and advice.

Basic info:

Son: born in the UK 2015 when my husband and I were under different separate Tier-2 visas. Granted Tier-2 dependant visa in the UK (Dec 2015-Dec 2018) as my Tier-2 dependant.

I: Granted ILR (10-year route) in 2016 after getting the last (2015) Tier 2.

Husband: has been on his own Tier-2 for 5 years (current Tier 2 runs out in mid Dec 2017) so is applying for his own ILR (5-year Tier 2 route) this October (can still be deferred a little bit if needed).


Questions:

1. In this case, do we need to (or can we) apply for my son as a dependant when my husband applies for his ILR? If so, what kind of application should we submit for my son (PBS dependant or ILR)? Note that son has never been a visa dependant of my husband.
2.If this is NOT the only option to keep him legally in the UK after 2018, what other options do we have (and the pros and cons in terms of time and costs)?

We don't want to register him as a British citizen as the home country does not allow dual nationality and we want to keep the original one.

Many thanks!

[CR001]

He would need to be a dependent on your husband's visa to qualify for ILR with your husband.

You should have switched his visa when you got ILR based on long residence as his dependent visa is technically no longer valid.

[T1EAccelerated]

Not sure if i am missing anything, but your son could have been eligible or is even now eligible for naturalisation (MN1 form), as he is born in UK, he was dependant on you and now you have ILR, so technically you can apply for your son's passport after naturalisation.

Please correct me if i am missing anything here.

[CR001]

Not sure if i am missing anything, but your son could have been eligible or is even now eligible for naturalisation (MN1 form), as he is born in UK, he was dependant on you and now you have ILR, so technically you can apply for your son's passport after naturalisation.

Please correct me if i am missing anything here.

The OP clearly stated the below in their opening post!! So even though the child is eligible, it is a personal choice not to.

We don't want to register him as a British citizen as the home country does not allow dual nationality and we want to keep the original one.

[iworker]

i know they should have changed the kid to flr(m) when the op changed to ilr on LR, but is it not possible for the OP to wait for the husband to get the ilr, and then apply for kid ilr on the basis that both parents have ilr?

[Norobot]

Thanks a lot for pointing this out. Panicked now!

In this case, what could we do now?

1. Apply for him as a family member of mine (would it work as I settled via the 10-year LR route) and how long can we apply for (5-year in a go? as I suppose the clock for my son's settlement will restart then)?
2. Apply for him as a family member of my husband AFTER he gets his ILR via the 5-year Tier 2 route?
3. Apply for him to be my husband's dependant RIGHT AWAY, get him a new Tier 2 dependant visa for only a few months (husband's current Tier 2 runs out in Dec 2017), and then apply for him to be a family member (or an ILR?) at the same time as my husband submit his own ILR application?
4. Apply for him an ILR once my husband gets his ILR, based on the fact that both parents will then be on separate ILR?

There seems to be options but all very confusing and just don't want to mess things up now that we know my son's visa is probably technically no longer valid!

He would need to be a dependent on your husband's visa to qualify for ILR with your husband.

You should have switched his visa when you got ILR based on long residence as his dependent visa is technically no longer valid.

[Norobot]

Thank you for mentioning and asking about this option. Also want to know as that seems to be the best option so far!

i know they should have changed the kid to flr(m) when the op changed to ilr on LR, but is it not possible for the OP to wait for the husband to get the ilr, and then apply for kid ilr on the basis that both parents have ilr?

[iworker]

The one option that should work is Number 1.
The question is, whether or not, option 4 should work or not.

Even if you go down option 1, i.e., change his visa to flr m, (u get 2.5 years visa), i believe u could apply his ilr next day, based on the fact that both parents have ilr. I might be wrong so will let others to reply.

[Norobot]

Hi there, would you mind pointing me to the relevant rules that say his visa is no longer valid when I got ILR based on long residence? Thanks a lot.

He would need to be a dependent on your husband's visa to qualify for ILR with your husband.

You should have switched his visa when you got ILR based on long residence as his dependent visa is technically no longer valid.

[CR001]

dependant-of-ilr-long-residence-applicant-on-pbs-leave (click), read the whole topic, small section on children towards to the bottom as is a link to the rule changes in April 2014.