ILR for my Son

[Ro07ger]

Hi

My son was born in the UK in 2007 when my immigration status was TWES(Training and Work Experience Scheme) holder and my wife was my dependent. On January 2008 we left our son in Nepal with his grand parents. I got my ILR in 2011 and when I applied for my wife's extension in later part of 2011 Home Office granted a discretionary visa valid till 2014. In 2012, I applied for my son's dependent settlement visa(ILR) which was rejected saying the mother did not have ILR but after appealing the ECO's decision the judge told that the decision made by ECO is wrong and ordered the ECO to re-made the decision under the provision of Immigration Rule Part 8 paragraph 297(i)(f).
After the decision from the appeal court judge, in Oct/Nov 2014 the VFS office requested us to submit my son's passport to their office based in Kathmandu and was granted limited leave to remain till 2017 (the date till when my wife's extended discretionary Visa is valid). My son is in the UK now(entered in DEC 2014). Can somebody please advise me if should write to VFS to change his limited leave to remain visa to ILR and if so what are the chances of getting the positive result. Thank you in advance.

[CR001]

My son was born in the UK in 2007

Why don't you register him as a British Citizen?

Is he currently in the UK?

[Ro07ger]

Thank you CR001,
Will he be eligible for British Citizen? Does he not have to be 5 years or so to be eligible for British Citizen?
Yes he is currently in the UK. Thank you in advance for your advice and helping out with any immigration rule or procedure that you are aware of.

[CR001]

My son was born in the UK in 2007

As he was born in the UK and you now have ILR, you can register him as a British Citizen under section 1(3) of the nationality act, which is an entitlement to register. The form you need to complete is MN1.

See the 'Children' section in the link below :

http://www.immigrationboards.com/britis ... ml#p592355

[Ro07ger]

Thank you for your help... I will go through the link.

[Obie]

Hi

My son was born in the UK in 2007 when my immigration status was TWES(Training and Work Experience Scheme) holder and my wife was my dependent. On January 2008 we left our son in Nepal with his grand parents. I got my ILR in 2011 and when I applied for my wife's extension in later part of 2011 Home Office granted a discretionary visa valid till 2014. In 2012, I applied for my son's dependent settlement visa(ILR) which was rejected saying the mother did not have ILR but after appealing the ECO's decision the judge told that the decision made by ECO is wrong and ordered the ECO to re-made the decision under the provision of Immigration Rule Part 8 paragraph 297(i)(f).
After the decision from the appeal court judge, in Oct/Nov 2014 the VFS office requested us to submit my son's passport to their office based in Kathmandu and was granted limited leave to remain till 2017 (the date till when my wife's extended discretionary Visa is valid). My son is in the UK now(entered in DEC 2014). Can somebody please advise me if should write to VFS to change his limited leave to remain visa to ILR and if so what are the chances of getting the positive result. Thank you in advance.

If not for the fact that your son failed to meet the requirement of 305(V), by virtue of the fact that he has been away for over 2 years, i would have had no difficulty in concluding that the ECO was wrong in the visa that was issued to him.

The decision seem to be correct. The only basis on which he can qualify is to register him.