uk born son - dependent tier 1 visa; main applicant gets ilr

[sals82]

I have a son who was born in the UK 1.5 years ago. At the time he was born, me and my spouse were on tier 1 visa. Since we wanted our son to travel, we applied for his tier 1 dependent visa (which is valid till august 2014). I recently completed 5 years stay in the UK and both me and my spouse recently got our ILR. We did not apply for son's ILR because we thought we will straight away register him as british citizen and then apply for his British Passport.

Question - Till the time my son's citizenship registration and british passport is done, can he travel and use his tier 1 dependent visa (valid till august 2014) to enter the UK; or is his visa invalid now that the tier 1 main applicant on which his visa is based (me) has ILR?

[Amber]

He should be able to travel, however, you should apply for his registration now.

[sals82]

Thanks Amber. I am applying now through the NCS, but that will take 4-6 weeks. and i need to travel with him in Jan. Is there any specific provision on which your reply is based? or has someone practically done this? I just want to be sure before going out of the UK with my son.

[Amber]

Providing his leave is valid it should be fine. Moreover, if he gains citizenship whilst abroad, you can use his certificate of registration on return. If you need to travel you have little choice but to travel. If there was any issue, he could apply for a CoE abroad once British or gain EC for ILE as a child of settled parents.