Change of Dependent Application Type

[dcmiddleton]

Hi,
I applied for ILR (tier 2 general 5 years route) and completed my biometrics scan on the 5th of July. Even though I paid for the super-priority service, I still haven't got any decisions back.

I have a 3 years old son born in the UK and has a Tier 2 dependent visa. Because I thought I would get my visa before its expiration date (14th of July), I didn't create an extension application for him. But now that it is getting closer to the expiration date and I still haven't got my answer, I'm worried that he will become an overstayer and might cause an issue to get him British citizenship once I get my ILR.

Does anybody know if a 3 year old can become an overstayer? Should I start creating an application for him before my visa expiration date, or will it be ok to apply for British citizenship for him once I get my ILR decision, even if it passes his visa expiry?

Many thanks.

[CR001]

He will become an overstayer but this has no effect on his entitlement to register as british. You do not need to apply for an extension.

Note however that NHS will not be free once his visa expires.

[dcmiddleton]

Thanks for the quick reply.

I think I rather not risk it and apply for a visa instead. Will you be able to tell me what kind of visa I can apply for him?

[AmazonianX]

Thanks for the quick reply.

I think I rather not risk it and apply for a visa instead. Will you be able to tell me what kind of visa I can apply for him?

While it is your chance to take, its not much of a risk as several stuck with the advise and went on to register the child without issues.

[dcmiddleton]

Hi,

I've created a PBS Dependent extension application for my 3 years old son, who was born in the UK when I was on skilled worker visa. But now I have my ILR and still haven't received any decision for my son's application. I want to cancel his extension application and apply for his British citizenship instead.

I have talked with a solicitor, and they suggested that this won't be a simple withdrawal from the extension application and create a new citizenship application because they need to vary the application to ensure that a valid application will be processed.

This sounded a bit dodgy to me, and I want to ask your opinion about it and if it isn't a simple withdrawal of an existing application and creating a new one then, what is it?

Many thanks

[CR001]

You were advised in July that the dependent visa wasn't needed at all.

You cannot vary a visa/inmigration application to a british citizenship application.

You have to apply for citizenship independently and simply withdraw the dependent application? You risk losing the dependent application fee already paid if the child has enrolled Biometrics.

The solicitor also seems Confused!!

[dcmiddleton]

Unfortunately, I decided to trust the solicitor, which I now understand was a mistake.
Thanks for the clarification. I'll withdraw the application and create a new citizenship application for him.