Converting Tier2 to ILR...can I skip dependents?

Hi,
I am really confused about whether I should spend the money getting ILR for my son when I convert?

June 2006 - Arrived in UK on Work Permit with spouse on dependent visa

Oct 2006 - Son born in the UK. Got Indian passport and dependent visa stamped

June 2011 - Completing 5 year period for ILR. I have been in continuous employment with same company on WP/Tier 2 COS.

I now want to apply for ILR for myself and spouse but want to save the money for my son's ILR dependent visa as he will be getting a British passport in another year.

Can I do that? Or would my son's tier 2 dependent visa become invalid as soon as I get ILR for myself?

I know my case is peculiar but I am sure someone might have faced the same.

Thanks in advance

oye_rg wrote:Hi,
I am really confused about whether I should spend the money getting ILR for my son when I convert?

June 2006 - Arrived in UK on Work Permit with spouse on dependent visa

Oct 2006 - Son born in the UK. Got Indian passport and dependent visa stamped

June 2011 - Completing 5 year period for ILR. I have been in continuous employment with same company on WP/Tier 2 COS.

I now want to apply for ILR for myself and spouse but want to save the money for my son's ILR dependent visa as he will be getting a British passport in another year.

Can I do that? Or would my son's tier 2 dependent visa become invalid as soon as I get ILR for myself?

I know my case is peculiar but I am sure someone might have faced the same.

Thanks in advance

As far as I know, once you get the ILR, your son is eligble for British passport!

Almost.

After a parent is granted ILR, child born in the UK will be entitled for registration as a British citizen. Subsequently, he may apply for a British passport.

Thanks for your replies but my real question is a little tricky.

If I do not apply for my son's dependent ILR, he would remain on the dependent tier 2 visa. Now once I am granted ILR, my Tier 2 visa is effectively overridden and becomes invalid.

So would my son be illegally in the UK for the period between me getting the ILR and him getting a British passport? Would it affect his getting British passport in any way. We are not planning to travel before he gets his British passport so that is not a problem though.

oye_rg wrote:Thanks for your replies but my real question is a little tricky.

If I do not apply for my son's dependent ILR, he would remain on the dependent tier 2 visa. Now once I am granted ILR, my Tier 2 visa is effectively overridden and becomes invalid.

So would my son be illegally in the UK for the period between me getting the ILR and him getting a British passport? Would it affect his getting British passport in any way. We are not planning to travel before he gets his British passport so that is not a problem though.

1. Even if you have ILR then your son's visa is still valid untill it expires in its own category.

oye_rg wrote:Thanks for your replies but my real question is a little tricky.

If I do not apply for my son's dependent ILR, he would remain on the dependent tier 2 visa. Now once I am granted ILR, my Tier 2 visa is effectively overridden and becomes invalid.

So would my son be illegally in the UK for the period between me getting the ILR and him getting a British passport? Would it affect his getting British passport in any way. We are not planning to travel before he gets his British passport so that is not a problem though.

As far as i am concerned your son can apply for british citizenship after you have got your ILR he is not suppose to wait for a year but you and your wife have to. Anyway i am in the same boat as you trying to save money by deciding whether to go for the ILR for myself and wife,then apply for british citizenship for my son which will save me from paying double money. Can the seniors please help us on this.

The rules are clear, your son will be apply for Citizenship, after you get ILR, straightaway.
There could be two reasons for you to include him in your ILR
1.You do not want him to apply for Citizenship straightaway
2.His visa is expiring before you get ILR.

gidoc wrote:The rules are clear, your son will be apply for Citizenship, after you get ILR, straightaway.
There could be two reasons for you to include him in your ILR
1.You do not want him to apply for Citizenship straightaway
2.His visa is expiring before you get ILR.

Thanks Gidoc this is most useful

Point #1 does not apply but for point #2 the situation is tricky again.

I can apply for ILR on 27 May (28 days before completion of 5 years). My son's visa expires on 14 June.

Does it leave me enough time to take a chance?

You should be thus be able to get your ILR on 27/05, then next day you can apply for your son's naturalisation. You will still have more than 2 wks.

However, you need to be sure that all the paperwork for your son's application is at hand.

Personal advise: Why stress yourself?, its not worth the money you may save, apply for your son's ILR along with yourself and be done with it.

ash786 wrote:
1. Even if you have ILR then your son's visa is still valid untill it expires in its own category.

I am in a similar situation. I have got ILR but my wife and son need to wait few more weeks before they are eligible. They have a valid dependent VISA until May 2012. Do I need to get their current status changed as my dependants or to save application fees wait for few more weeks and apply for ILR in their own right (10 year rule)?

Please advise - your help will be highly appreciated.