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children travel after parents ILR

General UK immigration & work permits; don't post job search or family related topics!

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mfl
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Joined: Tue Jun 21, 2011 1:04 pm

children travel after parents ILR

Post by mfl » Thu Jul 07, 2011 10:54 pm

I wonder if someone can advise.

I am applying for ILR on 19-7-11 for myself and my wife. I am not applying for ILR for my uk born kids. They currently have dependent visa which expires on april 2012 and I am planning to register them directly as citizen under section 1(3).
My children are travelling backhome on 27-7-11. I intend to register them as citizen on their return. my questions is.

1. Are they ok to travel as I heard that children dependent visa become invalid if parents get ILR.

2. Can I apply for their registration as british citizens on their return.

I shall be grateful for advice.

vinny
Moderator
Posts: 30524
Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Thu Jul 07, 2011 11:35 pm

Probably best to postpone non-essential travel until registration is completed and apply for/grant of British passports.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

rajesh_kumar01
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Posts: 132
Joined: Thu Apr 28, 2011 7:15 pm
Location: Excel 2003

Post by rajesh_kumar01 » Fri Jul 08, 2011 7:05 am

it should not be a problem .. as your child still have dependent visa.
Other wise you can apply ,once you get ILR,for your child registration through NCS(they will not take passport) and then you can go out when they are processing your application.

mfl
Newly Registered
Posts: 23
Joined: Tue Jun 21, 2011 1:04 pm

children travel after parents ILR

Post by mfl » Fri Jul 08, 2011 7:55 am

Thanks moderator. Actually my children have to go backhome for few weeks due to some family reasons. My only worry is that would they be allowed back to uk?

Their current dependent visa expires in april 2012.

xyz123
Senior Member
Posts: 683
Joined: Mon Jan 25, 2010 1:58 pm

Re: children travel after parents ILR

Post by xyz123 » Fri Jul 08, 2011 8:07 am

mfl wrote:Thanks moderator. Actually my children have to go backhome for few weeks due to some family reasons. My only worry is that would they be allowed back to uk?

Their current dependent visa expires in april 2012.
Check with UKBA staff. Technically their dependant visa may be "invalid" as your visa has changed!

imranb
Member
Posts: 140
Joined: Tue Jun 07, 2011 9:04 pm

Re: children travel after parents ILR

Post by imranb » Fri Jul 08, 2011 10:04 am

xyz123 wrote:
mfl wrote:Thanks moderator. Actually my children have to go backhome for few weeks due to some family reasons. My only worry is that would they be allowed back to uk?

Their current dependent visa expires in april 2012.
Check with UKBA staff. Technically their dependant visa may be "invalid" as your visa has changed!
XYZ123, Please see this thread: http://www.immigrationboards.com/viewtopic.php?t=81956
Hrithik Roshan was categorically told at Solihull PEO that his wife's dependant visa continues to remain valid, even though he himself has moved on to ILR. In which case OP should be fine taking his boys outside the country.

xyz123
Senior Member
Posts: 683
Joined: Mon Jan 25, 2010 1:58 pm

Re: children travel after parents ILR

Post by xyz123 » Fri Jul 08, 2011 10:28 am

imranb wrote:
xyz123 wrote:
mfl wrote:Thanks moderator. Actually my children have to go backhome for few weeks due to some family reasons. My only worry is that would they be allowed back to uk?

Their current dependent visa expires in april 2012.
Check with UKBA staff. Technically their dependant visa may be "invalid" as your visa has changed!
XYZ123, Please see this thread: http://www.immigrationboards.com/viewtopic.php?t=81956
Hrithik Roshan was categorically told at Solihull PEO that his wife's dependant visa continues to remain valid, even though he himself has moved on to ILR. In which case OP should be fine taking his boys outside the country.
that's good for OP. i did say "may be" in my post! If it was me, i would still check with UKBA and not with HO. Remember that HO do not staff at airports and its UKBA who decides who to let in the country and who not to.

mfl
Newly Registered
Posts: 23
Joined: Tue Jun 21, 2011 1:04 pm

Post by mfl » Fri Jul 08, 2011 3:15 pm

Thanks guys, I spoke to UKBA. They said that if parents have ILR, children dependent visa becomes invalid and they need ILR to travel abroad or stay in uk to get citizenship sorted out as per section 1(3) and then travel.

Other option they suggested that they can leave UK and apply for visa in your home country and come back but in any cases they need ILR if parents have ILR to travel abroad.

They agreed that if children are not travelling, they can register as citizen under section 1(3) if either parents obtain ILR. children don,t necesarily need ILR if they are not travelling abroad.

I hope this clarifies few confusions.

So

If not travelling abroad, apply for your ILR excluding children and once you obtain ILR, apply for children,s registration as british citizen under section 1(3).

vinny
Moderator
Posts: 30524
Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Sat Jul 09, 2011 1:02 am

mfl wrote:I am eligible for ILR on july 19, 2011. My current visa expires in april 2012.
My family is going backhome for 6 weeks. I am thinking of applying for ILR in september on my family,s return.
Shall I delay my application till september? I heard there will be changes in ILR procedure near future. Is that going to be more difficult?
Does anybody know any expected changes?

OR

Should I apply asap?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

sonrak
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Posts: 9
Joined: Thu Jul 07, 2011 11:48 pm

Re: children travel after parents ILR

Post by sonrak » Sat Jul 09, 2011 11:24 pm

I know of a similar case where the kids were allowed out of the UK, but on return they were told kids need to have valid visa. the uk embassy informed the parents that the kids can only apply for British Citizenship which from outside the UK can take long time. So best option is to register the kids for BC and get British Passport before travelling.
mfl wrote:I wonder if someone can advise.

I am applying for ILR on 19-7-11 for myself and my wife. I am not applying for ILR for my uk born kids. They currently have dependent visa which expires on april 2012 and I am planning to register them directly as citizen under section 1(3).
My children are travelling backhome on 27-7-11. I intend to register them as citizen on their return. my questions is.

1. Are they ok to travel as I heard that children dependent visa become invalid if parents get ILR.

2. Can I apply for their registration as british citizens on their return.

I shall be grateful for advice.

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