Child Dependent leave validity

[abdc12]

I am eligible for ILR in Jan and will apply with my wife who is on dependent visa. I have read the extensive FAQ and understand all the details about the both of us. Thanks to the moderators for this.

My child was born in the UK and is also a dependent on my Tier 1 which is valid till 2014. I am not planning to include him with the ILR application and go for registration MN1 after I get ILR.

In January when I get the ILR and my wife as dependent, my son will still be Tier 1 dependent. We are planning to travel abroad after getting ILR but will not have enough time to apply for MNI and passport.

Q. In such a scenario where we both have ILR's and our son is still on a Tier 1 dependent visa which is valid till 2014, Can he re-enter?

Thanks for all your help in advance.

[InUkOnHsmp]

Hi abdc12,

As soon as you get ILR your Tier-1 gets invalid, and so does your son's visa. Now since you and wife would be settled, and he is born in the UK, he would be eligible to apply for British citizenship using MN1, and is not illegal here at any point.

You can actually delay doing that as long as you want, unless you want to travel with him, in which case you either:

1) Get him ILR as well with yourself.
2) Get him BC with MN1, and apply for British passport and subsequently get him a visa for your country.

No other way out I am afraid.

Regards

[abdc12]

Thanks a lot for the quick response. Very helpful indeed

[hsmppune]

Thanks InUkOnHsmp.