Tier 1 Dependent advice required urgently

[Shadry]

Dear good people
Our child was born in UK 2011 February. My 1st extension due in July 2012. I applied for my child visa to return to UK as I travelled with him to Kenya in Dec 2011.I plan to exclude his application in my next renewal for July to save money

Would there will be any problem if I do it this way? If I apply when am buoyant later in the year would the application be ok to go ? bear in mind the entry clearance would have expired by then. Thank you very much in advance

[geriatrix]

Because the UK-born child applied for leave to enter, I am given to understand that the child will become an overstayer when the current leave expires.

This shouldn't matter if:
1. The child doesn't intend to travel out of UK until the time you are granted settlement.
2. You have no reason to believe that your settlement application may be unsuccessful.

Given that, you should make a decision whether you should apply for leave to remain for your child and when.

[Shadry]

Thank you sushdmehta for your advice. If I understand you well should i apply to renew my child tier 1 dependant visa say in Dec later on this year, his application might be refused and will be classed as overstayer?

[geriatrix]

When is the child's current leave due to expire?

[Shadry]

@sushidmehta his current leave expires July 2012 same time mine leave expires.

[geriatrix]

It appears that out-of-time leave to remain application by a child dependant of PBS migrant is allowed.

(c) The applicant must be under the age of 18 on the date the application is made, or if over 18 and applying for leave to remain, must have, or have last been granted, leave as the child of a Relevant Points Based System Migrant

That said, the period between the date his current leave expires until the day his out-of-time application is approved, the child will be in UK as an overstayer.