Urgent Travel - MN1 in process but PBS dependent Visa valid

[ash55555]

Hello,

We (both parents) switched to ILR from Tier1 in Sept 2013.

My son (2 year old) still has Tier1 dependant visa valid till Feb 2015. His MN1 is currently in process, can my son travel to India and return to Uk on Tier1 dependant visa?

Many Thanks.

[samah75]

HI,

I have asked the same (sort of) question today but no one has responded with an answer.
Need to arrange travel soon so need to find out urgently. Just wondering if you got any answer to your query?

My head tells me that they should accept re-entry to UK as long as children have valid entry even if is as a PBS dependant (although parents no longer PBS but have already got ILR) and as long as MN1 has been applied for.
HOwever, I have read elsewhere that their entry status might become nul and void as the parent is no longer on PBS so they cant be their dependants still, and so their leave to enter the UK is not valid.

Really need to know urgently, thanks.

[ayoubtt]

I dont know about dependents, but I travelled on my ILR whilst my application for naturalisation was being considered and didnt have any problem at all. In fact I was told by the very helpful immigration officer at the airport that as it has been over 12 months I can apply for naturalisation.

So I guess your son is in a similar situation untill the application is decided. Whether his dependant visa is cancelled by default if his application is accepted that I dont know, maybe a senior forum member can shed some light on it.

According to the forum current processing time is about 8 weeks on average so why not wait untill he gets it.

[ali_asad_pk]

Hi Guys

You will be glad to know that there is no issue

I have personal experience

I applied for my ILR and my spouse and kid were on Tier 1 Dependent, after my ILR, we went to home country then I returned alone, they returned later and faced no issues while my kid's MN1 was filed before our departure to home country and when I returned, one envelop was of approval in my absence

Later my family again travelled in emergency under same circumstances and there was no issue

so no need to worry, just carry on as normal

Best wishes

[samah75]

I have personal experience

I applied for my ILR and my spouse and kid were on Tier 1 Dependent, after my ILR, we went to home country then I returned alone, they returned later and faced no issues while my kid's MN1 was filed before our departure to home country and when I returned, one envelop was of approval in my absence

Later my family again travelled in emergency under same circumstances and there was no issue

so no need to worry, just carry on as normal

Best wishes

Your response has been the most helpful ali_asad_pk, as I was hoping someone who has personal experience could tell me for sure.
I feel more confident now to travel with the kids to pakistan after I getting my ILR and while we await their MN1 to be approved while they have valid PBS-dependant status.

Ayoubtt, your case is very different, but thanks for your response anyway.

[Seebi]

Hi, I am in a similar situation and need advice. I got ILR on long term residency but previously on Tier 2. Two of my children born in UK have PBS visa valid till August 2016. MN1 in process from June 2015 and acknowledgement letter received. Still waiting for approval. Need to travel in December, tickets already booked. My query is if I don't receive approval letter then can my children travel on pbs visa? I tried to call UKBA few times and every time getting different answers. Somebody said it can be a problem when returning back and another one said they can travel as long as you applied for MN1 and have evidence to prove it. I'm still confused. What can be the worst outcome if we travel. Has anyone been refused entry or been in similar situation. Please help.