Child dependant visa withdrawal - newborn UK

Hello Team,

I hope all is well.

My child was born in the UK, in March 2022. I have applied two weeks ago for him to get his visa as a child dependant (I am currently on Tier 2 General).

Recently, I was offered a new position, in a new company, and the HR is suggesting that I withdraw my son's application, so they can apply for the whole family together on priority service.

My question is: Since my son doesn't have any valid leave yet, would he be considered an illegal stayer if I withdraw his application? And would that affect his new application, or his chances for naturalisation later on this year?

The withdrawal form states:
You cannot use this form if:
You have made an application for leave to remain before your valid leave expired (and this leave has now expired) and now wish to withdraw this application and leave the UK. Please call the Voluntary Returns Service on 0300 0040 202 or https://www.gov.uk/return-home-voluntar ... n-get-help

Does this apply to my son?

Many thanks.

A UK born child, who has never been granted leave, cannot be an overstayer nor an illegal entrant.

Should get a full refund if withdrawing before biometrics.

Directly after a parent is granted ILR, their UK born child will be entitled to register for British citizenship.

Is this a different son from your previous topic?

Thank you Vinny. So it would be ok to withdraw the application, and apply for another one. And this won't be breaking any rules. correct?

Correct.

Apart from NHS considerations, there isn’t a requirement for a non-travelling UK born child to apply for leave to remain.

Actually it is for my youngest son who was born recently ^_^", while the other topic was for my older son who already has his BRP.

One last thing regarding the refund once I withdraw, we already attended our biometrics appointment, can we get an IHS refund? Or all fees (Visa and IHS) are non-refundable?

That’s unfortunate. I think they should refund the IHS surcharges. I don’t think they will refund the leave to remain fees.

Read their Refunds and Applications Guidance.

Thank you for the clarification.

One last thing, when I am filling the form to withdraw my son's application, I am being present with the following categories, and non is PBS Dependant Leave to Remain. Can you help me with which one to choose? should I go with Tier2 even if the applicant is for a dependant and not the main applicant? or should I choose FLR (O) or FLR (HRO) ?

List of available options on the form:
- BN (O)
- EAA Nationals and family etc
- Indefinite Leaev to Remain
- British Nationality
- Tier 1
- Tier 2
- Tier 4
- Tier 5
- Turkish nationals etc.
- Croatian nationals etc.
- Transfer of conditions.
- No time limit or replacement BRP
- FLR (M)
- FLR (FP)
- FLR (O)
- FLR (HRO)


Many thanks.

Use tier 2