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UK born child on dependant visa?. can overstay or not

Posted: Thu May 22, 2014 10:40 am
by mhamk2000
hi
i have a little confusion,hopefully seniour member will help me.
I have applied for my ILR(LR). Passport is still in HO. My child was born in uk in Dec 2011, he travelled to pakistan on pakistani passport and came back in november 2012 on psw dependant visa. He applied (psw dependant) visa in home country. I am confuse about his status now, his visa is running out in june2014. What should i do?. Apply for MN1 FORM with covering letter that hold his file until my ILR decision come out or he can apply when my passport come, he doesn't come in overstay category or what ?
many thanks

Re: UK born child on dependant visa?. can overstay or not

Posted: Thu May 22, 2014 12:27 pm
by iworker
you do not have to worry about his visa expiring.
Once you have the ILR, then u can apply for MN1 registration directly. He ownt be considered an over-stayer even if his visa expires till your ILR is approved.

Re: UK born child on dependant visa?. can overstay or not

Posted: Thu May 22, 2014 12:45 pm
by mhamk2000
thanks for clarification.
can u plz give me source of this information, any homeoffice link,would be really appriciate.
thanks

Re: UK born child on dependant visa?. can overstay or not

Posted: Thu May 22, 2014 12:55 pm
by Amber
If his leave expires he will actually be considered an overstayers however valid leave is not a prerequisite for an application under s1(3) BNA.