Tier 2 to ILR

[manibest]

Hi

I have found a new job paying more than £35000 which fulfils the minimum salary requirement and will join it in August 2017. The company has sponsored me and I have got my Tier 2 visa until 14 October 2017 completing 6 years on my visa (hence no further extension).

My wife (PBS dependent) has also completed 5 years and is eligible to apply for ILR with me. My son (2.5 years) is also my PBS dependent. Their visas are valid until 12 Feb 2018

Besides, we are also expecting another baby in September 2017.

and Finally, we need to go to Pakistan (Home country) in first week of December for 1 month.

1) If both me and my wife apply for ILR at Premier Service Desk, will it invalidate our son's dependent visa?

2) What should I do and how should I go about applying our ILR so that we all are ok to go to Pakistan in December 2017 and come back in January 2018?

Any advice in this regard will be very much appreciated.

Kind regards,

[CR001]

The company has sponsored me and I have got my Tier 2 visa until 14 October 2017 completing 6 years on my visa

Are you sure about your visa expiry date? PBS Dependents cannot usually have a visa valid for longer than the main PBS visa holder.

1) If both me and my wife apply for ILR at Premier Service Desk, will it invalidate our son's dependent visa?

Why not apply for your son's ILR with yours??

2) What should I do and how should I go about applying our ILR so that we all are ok to go to Pakistan in December 2017 and come back in January 2018?

Apply in person for all. What about your unborn child? How will you bring the child back?

[iworker]

If you have a job of more than 35k now, and have been in work for over a month, than apply asap for ilr in PEO for both yourself and wife.
If you current kid was not born in uk, apply his ilr together as well.
If you get ilr before the new baby arrives, then he is british automatically. U can apply NICOP for the new child, which is usually arriving in 7 days now to enter and exit pakistan.

[manibest]

Hi CR001 and iworker,

Thank you for your responses first of all.

Are you sure about your visa expiry date? PBS Dependents cannot usually have a visa valid for longer than the main PBS visa holder.

My Tier 2 visa with old employer was also until 12 Feb 2018. But the case worker reduced the duration to 14 Oct 2017 saying that my 6 years ends on this date. he further said he will not curtail my dependents visas.

Apply in person for all. What about your unborn child? How will you bring the child back?

We (me and my wife) are planning to get ILR before our new child is born. This way he will get his british passport straight away. Followed by that I will get his NICOP.

If you have a job of more than 35k now, and have been in work for over a month, than apply asap for ilr in PEO for both yourself and wife.

I will start new job on 1st August and therefore will be able to apply for ILR in start of September. Baby is due in last week of September.

Why not apply for your son's ILR with yours??

My son was born in UK and therefore he has UK birth certificate. I thought I will apply for his nationalisation straight after we get our ILR. But I have no idea how long this process will take, as we need to go to Pakistan in December. I have two options with some risk involved in both:

1) I will apply for his nationalisation after our ILR. Then later in time I will request and get his passport back on emergency basis to travel to Pakistan, and nationalisation application will keep going (If they allow). Or

2) We will go to Pakistan without applying for my son's Nationalisation application, with his current dependent visa valid until 12 Feb 2018. Upon arrival back in UK airport in January, the immigration will stop him. I will then request at that time for a discretionary visa at the airport. The immigration might agree as both his parents (me and my wife) will have ILR and also new born will have british passport.

Which option would you suggest me to go for?

Sincerest Thank you for your suggestions/advice.

[iworker]

you can apply naturalization, without sending his passport. I think it says somewhere that u should send the passport, but doesnt say elsewhere.. and i have seen people applying for MN1 reg without sending passport, even though they had one.
You are ok to travel on his dependent visa, even after u have your ilr. however, I would strongly advise against following this route.. u should be back by jan, before his dependent visa expires. Furthermore, the airline can stop u for not having the visa