Child's Visa status once parents get ILR

[RohitILR1]

Hi,

I've a kid on Tier1(dependant) Visa valid till Dec this year. If we get ILR in the coming month then what would be child's Visa status? Will it be invalid?
Can my child go to India on current TIER1(dependant) Visa and come back to the UK before his Visa expires when we (parents) are on ILR?
Any help would be much appreciated. Thanks.

[wpilr_nov12]

where and when was the child born? Your answer to this question could make your own original question irrelevant.

[geriatrix]

1. Same as it is now.
2. Not until the date of expiry of the current leave.
3. Yes.

[RohitILR1]

The kid was born in the UK. Pls suggest. Thank you

[RohitILR1]

Hi Sushdmehta,

Thank you so much!!

Hi wpilr_nov12, Yeah the kid was born in the UK. I'm sorry I missed to mention it in the very first post.

[Amber]

As soon as you get ILR your child will be entitled to register as British by virtue of section 1(3) BNA. The child visa status will be irrelevant unless travelling immediately. That's assuming you want your child to be British.

[RohitILR1]

Hi D4109125

Thanks for your reply. But it doesn't answer my original query.
***Yes, the child has to travel immediately after our ILR is done.
So, while traveling he will be on his current Visa only which is TIER1 (dependant) which is valid till Dec at the moment. Just I was not sure if he'll be able to return back with us and our ILR doesn't affect his status until his FLR is valid and we apply for his BC once we're back in the UK.The plan is once we return back to the UK, then we'll register him for BC as the process takes time. Any suggestions.

[Amber]

Hi D4109125

Thanks for your reply. But it doesn't answer my original query.
***Yes, the child has to travel immediately after our ILR is done.
So, while traveling he will be on his current Visa only which is TIER1 (dependant) which is valid till Dec at the moment. Just I was not sure if he'll be able to return back with us and our ILR doesn't affect his status until his FLR is valid and we apply for his BC once we're back in the UK.The plan is once we return back to the UK, then we'll register him for BC as the process takes time. Any suggestions.

Fine travelling on a valid visa. You should use the Nationality Checking Service (click) as soon as you are granted ILR (as soon as you receive BRP) and start the registration process for the child, you'll get all your documents back on the same day and it means that the registration can be taking place whilst you are travelling.

[RohitILR1]

Hi D4109125

Thank you so much for your advice. Much appreciated.

[RohitILR1]

Hello Sushdmehta and Gurus,

My query was: If we get ILR, can my child who is on TIER1(Dependant) visa TRAVEL to India and return back to the UK on the existing Visa (child's current Visa will expire after his return to the UK). Now, I've got the reply that 'YES' the child can travel back to UK on TIER1(dependant) though we're on ILR. But in another post sushdmehta clearly mentioned that TIER1(Dependant) cannot travel to the UK if the main applicant has switched to ILR. Here is the link:
http://www.immigrationboards.com/viewtopic.php?t=87206

This has created confusion; can you please suggest. Thanks.

[Obie]

There is no reason why he can't. The Leave for the dependents of PBS migrant cannot be invalidated simply, because the migrant obtained ILR on the basis of PBS migrant.

As already advised, you should make provision for your son's Registration, if this is your long term goal.

[RohitILR1]

Thanks Obie!
As the link below clearly says that PBS dependant cannot travel back to the UK (even though his/her leave is NOT expired) because the main applicant is on ILR now:
http://www.immigrationboards.com/viewtopic.php?t=87206

Various conditions are mentioned in the above link by Gurus and created confusion as this current thread says YES travelling back to UK is possible with the same TIER1(Dependant) Visa. Thanks.

[geriatrix]

That's a 2 yr old topic, when the rules were different.

[Obie]

That's a 2 yr old topic, when the rules were different.

Absolutely. It may well be the case that 2 years ago those rules existed, and it will be wholly wrong to criticise sushdmehta for pointing out the rules that existed then.

In the preceding years after this thread, there has been numerous changes to the rules.

I was merely advising based on the current position.

[RohitILR1]

Thanks Obie and sushdmehta!!

Obie, I'm sorry; I'm not criticising anyone; I just mentioned the link as the query was same in that case and this one but answers differ. And so was not sure as experienced guys/Gurus commented on both the threads.
Regarding the rules, couldn't came across any UKBA docs/guidelines stating the same.
I would appreciate if something can be put here from UKBA docs/guidelines supporting the same (any link/paragraph) etc.

yeah, the rules vary quite frequently and the link I mentioned was pretty old. Thank you so much.

[RohitILR1]

I called UKBA enquiry (0870 606 7766) today regarding this issue. The immigration adviser clearly explained me in detail saying that:
" If the main applicant has switched from TIER1 to ILR, the dependants cannot remain on TIER1(Dependant) Visa even if they have a couple of months leave remaining. Dependants leave depends on the visa status of the main applicant.
And so the TIER1(Dependant) child will NOT be able to return back to UK and should be included in ILR application".

Still I'm looking for any guidance document/link/working from UKBA which clarifies my query as I believe that even UKBA advisers can misguide you. Suggestions most welcome! Cheers.