Dependant over stayed abroad. Affect me and himself?

[claudiafan]

Since i find out that loads of of information on this forum is so helpful, i would like to raise a question about my dependant son. Hopefully, someone can give me the answer for that.

I am nearly completing my 5 years work permit (same employer throughout 5 years) and will apply ILR in the next few months.

I have got a 3-year-old son who was borned in the UK. I sent him for holidays abroad so he is having some good time with my parents in their home country. I planned to get my mum to send him back on the 19th May, however my mum's visa application was taken way too long than usual and is still on process without any decision yet. I checked on british embassy website and it did announced that due to volcano ash cloud, there are some staff are stranded in europe and at the moment applications are facing delays. It also means that if my son couldn't come here by 22nd May, he will over stay 90 days abroad definitely.

My questions are:

1. Will this affect my application for ILR if i include him as an dependant? I was told by someone to apply ILR only for myslef and exclude my son, otherwise i could fail in the application.

2. Will this affect his application for ILR because he is abroad for over 90 days? He is only 3 years old, will HO consider his age differently?

Anyone can help with the questions? Please...

[geriatrix]

Dependent's absences are irrelevant (for ILR). If your son was born in the UK, you need not include him in the (ILR) application anyways.

Once you have ILR, register your son as British using MN1 form (under section 1(3)) and then apply for British passport for your son.


regards

[claudiafan]

Thanks Sushdmehta,

Dependent's absences are irrelevant (for ILR).

Does this mean no matter how long dependants stay abroad, it has NOTHING to do with the main applicant's ILR as well as dependants' ILR application? The 90-days duration only applys to the main applicants?

I certainly understand that i can register my son as british after i obtain my ILR, but still thinking about include him as a dependant when i apply ILR.

I am just thinking about how much chance i have got to successfully include him without making any mistake?

[geriatrix]

Thanks Sushdmehta,

Dependent's absences are irrelevant (for ILR).

Does this mean no matter how long dependants stay abroad, it has NOTHING to do with the main applicant's ILR as well as dependants' ILR application? The 90-days duration only applys to the main applicants?

The application form doesn't ask for details of dependent's absences anywhere .. so not relevant.

I certainly understand that i can register my son as british after i obtain my ILR, but still thinking about include him as a dependant when i apply ILR.

Your wish but what's the point? And wasting 149 quids?


regards