Tier 2 General - Dependant (UK Born Child)

[NeedAdvicePlease]

Hello all,

Quick Background:
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- I am on a Tier 2 General Leave to Remain.
- My wife is on PBS Dependant Leave to Remain.
- My son was born two weeks ago and doesn't have a visa or passport yet. I understand that he is not eligable for a british passport yet because the parents does not have ILR.

Quick Questions:
=======

1) Does my son need to have a visa in order to be legal here and or is he legal because he was born here? How long can he stay without a visa and legally?

2) If we decide to go for holiday, I assume he will need a visa in order to return to the UK? What sort of visa? and what application form?

3) Assuming that I have got ILR, I understand that he can register as british national. Is my understanding correct? If yes, what application?

4) Will traveling for holiday (i.e. leaving the UK) or having a dependant visa on his passport have an impact on registering him as a british national?

Many thanks and your help is very much appreciated.

[vinny]

1) Does my son need to have a visa in order to be legal here

No.

is he legal because he was born here?

Yes.

How long can he stay without a visa and legally?

Possibly indefinitely.

2) If we decide to go for holiday, I assume he will need a visa in order to return to the UK? What sort of visa? and what application form?

PBS dependant.

3) Assuming that I have got ILR, I understand that he can register as british national. Is my understanding correct? If yes, what application?

Yes. MN1.

4) Will traveling for holiday (i.e. leaving the UK) or having a dependant visa on his passport have an impact on registering him as a british national?

No.

[tier1uk052010]

I am on tier 1 VISA.

Does the child need a visa to exit uk and enter in home country ? it is a repeat question, but want to have it clarified.

can i apply for child dependent visa in the home country, once he is in the home country ?

[vinny]

I am on tier 1 VISA.

Does the child need a visa to exit uk and enter in home country ? it is a repeat question, but want to have it clarified.

No.

can i apply for child dependent visa in the home country, once he is in the home country ?

Yes.

[NeedAdvicePlease]

Thank you very much vinny for your prompt response. It is good to know that travelling won't have an impact on his chances in registering him as a British National when I gain an ILR.

I got further questions please:-

1) Scenario A: My visa and wife's PBS dependent visa expires on 8/2015. Assuming that we didn't make any PBS visa applications for my son, will he need to leave the UK when my visa and my wife's visa expires?

2) Scenario B: My visa and wife's PBS dependent visa expires on 8/2015. Assuming that we made a PBS visa application for my son and he got the PBS visa in order to allow him to travel with us for a short holiday. Will he need to leave the UK when his PBS visa expires?

3) PBS Application: What are the requirements for my son (two weeks old)

4) PBS Application: What are the visa supporting documents that I need to send e.g. my passport or just a copy...etc?

5) PBS Application: Is there a step by step guide somewhere in previous post in this forum? The reason I am asking this is that I briefly looked at the PBS Application form and there are few question that do not make sense for a two weeks baby born in the UK e.g. port of entry, current status...etc.

Again, your help is very much appreciated.

All the best and take care!

[NeedAdvicePlease]

Dear vinny, all,

could you please advise on my last post please? Your help is very much appreciated

Many thanks!

[vinny]

1. No (same answer as previous question 1?)
2. Unlikely.
3. See the form and guidance.
4. See the form and guidance.
5. Search the forum (e.g here). Some questions are not applicable for child born in the UK.

[NeedAdvicePlease]

Thank you very much vinny!