Tier 2 Dependent child when I get my ILR, can he travel abroad

[Vik0916475]

Hi,
My son (UK Born) is on my Tier 2 dependent visa and soon I will be eligible for my ILR so I just want to know, after my ILR do I have to register him as a British first before I can travel to India or his current dependent visa still be valid after I will get my ILR.

Regards,
Vik

[CR001]

On what basis are you applying for ILR, 10 years long residence or 5 years Tier 2??

Is your spouse switching to FLR(M) spouse visa still??

indefinite-leave-to-remain/can-my-wife- ... l#p1546052

[Vik0916475]

I am applying through 5 years route and my son is on my dependent and about my wife's visa, she will also be applying for ILR through her 5 years (will be in September next year) but not as my dependent.

Regards,
Vik

[CR001]

Fine for him to travel provided he returns before his visa expires.

[Vik0916475]

Thanks, as his visa is dependent on mine, does that not mean when my Tier 2 visa no longer exists as I will get the ILR, his visa will get void automatically?

Regards,
Vik

[Casa]

No, as you will have been granted ILR under the 5 year route, not under 10 years long residence. (Which is why CR001 posted her question).

[Vik0916475]

Thanks, just out of curiosity, why son's dependent visa will remain valid if I am applying ILR through 5 years route rather than 10 years one.
Also, if I had my wife dependent on my Tier 2 visa and I am applying for my ILR then I dont have to apply for her extension/ILR (depends on situation) at the same time because her dependent visa will be valid until it gets expired.


Regards,
Vik

[CR001]

PBS main visa holder to ILR - the rules permit dependents to continue on their existing visas until they qualify for ILR.

See dependants-of-ilr-economic-5-year-route-applicants (click)


ILR Long Residence applicants - the rules DO NOT permit it and dependents must switch to FLR(M) and it resets the clock to zero. This rule change came into effect in April 2014.

See dependant-of-ilr-long-residence-applicant-on-pbs-leave (click)

[Vik0916475]

Many thanks, I am bit confused after reading Q36 on this link
indefinite-leave-to-remain/faqs-for-ilr ... 99638.html

Q36 - When should I consider including my UK-born child in my settlement application?
Under the following circumstances:
1. - If your UK-born-child had applied for leave in the past which is due to expire before you can expect a decision on your settlement application and you have reason(s) to believe that your settlement application may be refused. Including the child in your application will ensure that the child gets the same AR rights as you do.
2. If you wish to travel abroad with the child soon after you receive settlement and do not have the time to apply for child's registration and British passport (and receive these documents) before you travel.

I could not understand if point 1/2 are treated as '1 and 2' or '1 or 2' I mean, I should consider his application as well if I meet both points or any of one because if it is any of one then I think I do fall into this situation because after my ILR, I will be traveling abroad with my child however, his visa will still has until 18/01/19.

Thanks in advance..

[CR001]

It is 'OR'.

You DO NOT have to include him in your ILR if he still has a visa valid till 2019. He is free to travel and return before his visa expires.

You are overthinking this.

[Vik0916475]

Many thanks for clearing the smoke off...