Tier 2 dependent Child born in UK (on visa)

[silk_marchent]

Hi all;
Sorry! If the question is already asked, I tried searching but did not find any.

I am on tier 2 dependent visa, and ILR is due next month, my wife and one and half year son are also with me.
My wife joined me in 2015, so I think she will be eligible for ILR in 2020.
My son was born here in the UK, but as we have to go out of the country, so we applied for his visa.

Now my question is, is my son is eligible for ILR or nor?

[silk_marchent]

Section 1(3) - A child born in the UK whose parents are not British citizens and were not settled in the UK will have an entitlement to register when one of their parents become settled in the UK or become British citizens.

Above is from a guide for registering as British Citizenship, according to this I don't need to apply ILR visa for my son but once my ILR is approved I can register him fro British Citizenship, did I understand correctly? https://assets.publishing.service.gov.u ... y_2017.pdf

[Djsuccess]

Hi all;
Sorry! If the question is already asked, I tried searching but did not find any.

I am on tier 2 dependent visa, and ILR is due next month, my wife and one and half year son are also with me.
My wife joined me in 2015, so I think she will be eligible for ILR in 2020.
My son was born here in the UK, but as we have to go out of the country, so we applied for his visa.

Now my question is, is my son is eligible for ILR or nor?

The question about your son is clear and the answer is that you can register your son as British after you have obtained your ILR. However, it will be nice if you can provide more information about your immigration history. I don't want to assume.
You said you are on Tier 2 dependent visa, but your wife came to join you in 2015. At what point did you become your wife's dependent? What visa were you on before your wife came to join you?
You cannot be dependent and qualify for ILR before the principal visa holder except you are applying via 10 years long residence. Can you clarify this?

[silk_marchent]

Hi all;
Sorry! If the question is already asked, I tried searching but did not find any.

I am on tier 2 dependent visa, and ILR is due next month, my wife and one and half year son are also with me.
My wife joined me in 2015, so I think she will be eligible for ILR in 2020.
My son was born here in the UK, but as we have to go out of the country, so we applied for his visa.

Now my question is, is my son is eligible for ILR or nor?

The question about your son is clear and the answer is that you can register your son as British after you have obtained your ILR. However, it will be nice if you can provide more information about your immigration history. I don't want to assume.
You said you are on Tier 2 dependent visa, but your wife came to join you in 2015. At what point did you become your wife's dependent? What visa were you on before your wife came to join you?
You cannot be dependent and qualify for ILR before the principal visa holder except you are applying via 10 years long residence. Can you clarify this?

Thanks for the answer.

And sorry I think I made a mistake while typing, I came here on tier 2 General visa in 2013 and my wife join me in 2015 on tier 2 dependent.
In 5 years period, I switched a job as well, but I was never jobless or without a visa.

I hope things are clear now.

[CR001]

Your son does NOT need ILR if you plan to register him as British once you have ILR

[Djsuccess]

Hi all;
Sorry! If the question is already asked, I tried searching but did not find any.

I am on tier 2 dependent visa, and ILR is due next month, my wife and one and half year son are also with me.
My wife joined me in 2015, so I think she will be eligible for ILR in 2020.
My son was born here in the UK, but as we have to go out of the country, so we applied for his visa.

Now my question is, is my son is eligible for ILR or nor?

The question about your son is clear and the answer is that you can register your son as British after you have obtained your ILR. However, it will be nice if you can provide more information about your immigration history. I don't want to assume.
You said you are on Tier 2 dependent visa, but your wife came to join you in 2015. At what point did you become your wife's dependent? What visa were you on before your wife came to join you?
You cannot be dependent and qualify for ILR before the principal visa holder except you are applying via 10 years long residence. Can you clarify this?

Thanks for the answer.

And sorry I think I made a mistake while typing, I came here on tier 2 General visa in 2013 and my wife join me in 2015 on tier 2 dependent.
In 5 years period, I switched a job as well, but I was never jobless or without a visa.

I hope things are clear now.

That's clear.

[silk_marchent]

Thanks, everyone for replying.
I have one more question about English language skills, that I have provided proof of English language skills while applying for Tier 2 visa, do I need to provide evidence again? Can I submit my previous certificate which is expired now?

[vinny]

Subject to

(b) the applicant-
(i) has limited leave to enter or remain in the UK, and
(ii) that leave (or a grant of leave which preceded it provided any periods of leave since have been unbroken) was given on the basis that the applicant had an English language qualification at a minimum level of B1 on the Common European Framework of Reference for Languages.
(iii) at the date of application, the provider of that qualification continues to be approved by the Secretary of State as specified in Appendix O to these Rules.