ILR Dependant child - VFS chennai confused me

Hi All,

I am on ILR since Jan 2013 and my wife is Tier 1 dependent since October 2012 (she is serving 5 years probationary period
to obtain ILR). My son was born in india. By going through all posts in this forum and asking few people, I came to the conclusion, that the visa category for my son applying from India is Tier 1 General dependant(child). This makes very much sense because since both parents are not settled yet (my wife is still tier 1 dependant), child cannot apply for settlement from India.

But this morning, when my wife went to VFS chennai to submit the documents, the VFS staff suggested visa category for child is settlement and not tier 1 dependant and can be applied as tier 1 dependant at my own risk. I was still sure I was right, so we went ahead and applied in Tier 1 dependant category.

I am still worried of rejection. Can someone help with this and please let me know I have done right and not lost all my visa fee money?

Thanks

visa for the child has to be consistent with that of the mother.

The ECO is clearly confused.

[b]319H(b) is clearly engaged[/b] wrote:.

(b) The applicant must be the child of a parent who has, or is at the same time being
granted, valid entry clearance, leave to enter or remain, or indefinite leave to remain,
as:
(i) a Relevant Points Based System Migrant, or
(ii) the partner of a Relevant Points Based System Migrant.
or who has obtained British citizenship having previously held indefinite leave to remain as above

Hello,
It is settlement if the child has been born after you got your ILR...I think.
If before, then dependant and then ILR.

However I am not sure, please read immigration rules.

Thanks,
BHP