urgent..i had not included my son in ILR, but want to do now

[rashid123]

HI …..I applied for ILR on 21-05-2012 @ Croydon PEO. My case was on 5 years Completion on Tier-1 Gen. My case is not decided yet till 30-10-12. My current Leave expires on 04-11-12. I included my wife as a dependant in ILR application BUT I had not included my son in the ILR application. My son was born in UK and is my dependant on my Tier-1 visa. My son’s Leave also expires on 04-11-2012. My question is that should I apply for him before 04-11-12 for ILR or wait for my decisions for ILR comes and then apply for my son’s British registration, even his visa expires on 04-11-12, Although he was born in UK.

[geriatrix]

There is no provision in the immigration rules for a minor PBS dependant to apply for settlement separately from the PBS migrant that he is dependant of (319J).

Once you are granted settlement there will be no need for the (UK born) child to apply for settlement as the child will entitled to register as a British citizen.

That said, if your settlement application is refused for some reason then the child will become an overstayer if a valid application for leave to remain is not submitted before 04-Nov. If you suspect that this may happen (your settlement may be refused) then the best option is that the child applies for extension of PBS dependant leave before his current leave expires.