Parents on ILR but son on Tier 2 dependent

[PCK]

I was on Tier 2 General Visa till last week. My wife and son were my dependents. Now I and my wife have got an ILR, but my son is still on Tier 2 Dependent which is valid till Jan 2016. This is because my son was born in the UK last year and is eligible for British Citizenship directly. I got him an Indian Passport and Tier 2 Dependent visa last year.

I want to travel to India with my family very soon and do not have time to get British Citizenship for my son. When we return to UK, my wife and I will have ILR visas but my son will have a Tier 2 dependent visa. Will it be a problem at the immigration? Can they refuse entry?

Please advise. Thanks.

[Obie]

Your son is not a British as he appeared to have been born before you secured ILR.

He will need to be registered to become a British.

He is unlikely to be deported, but your wife or both of you should have added him on your ILR application.

It is unlikely he will be deported on your return. I can assure you he will be allowed to enter as he has a valid leave, but you may get a bit of a kicking from the immigration officer, on your failure to apply for ILR for him.