Child Born Abroad, Can I skip ILR ?

[rrkabbu]

I am due to apply for ILR based on 5 years Tier-1 General in Jan 2013, but I have my current visa validity untill Sep 2013. I have a dependant child 5 years old on my visa with same validity period.

He was born abroad Jan 2008, got entry clearance as Tier-1 Dependant June 2009 and got extension along with me in Sep 2010 valid until Sep 2013.

I would be greatful if somebody answer my queries please.

1. If I skip him on my ILR application in Jan 2013 and assuming I am sucessful in my ILR application Can I apply for him for BC Registration ? and How quickly I need to apply ? Can I wait until Sep 2013 ?

1. if I skip him on my ILR application in Jan 2013 and assuming I am sucessful in my ILR application will his visa get cancelled ? or is there any period before I need to get his visa changed ? or can I wait until Sep 2013 ?

[vinny]

1. No. Since he was born outside the UK, he cannot be registered as a British citizen after you are granted ILR.

[rrkabbu]

Thanks Vinny for your quick reply,


Can somebody clarify my second query please ? will his visa be still valid if my ILR application in Jan 2013. As my son Tier-1 Dependant Visa is valid until Sep 2013 Can I wait until Sep 2013 to apply for his ILR ?

[geriatrix]

You may wait, but do note that if you take that route it will cost you considerably more (settlement application of a child separately).

[rrkabbu]

Thanks sushdmehta for your reply, I understand it will be expensive but my son will not be in the country when I go for ILR and wanted to make sure that his visa dosent get cancel as soon I move onto ILR.

Is there any reference to immigration law or section that I can refer to in my situation ?