ILR due / India travel query for dependent

[coventried79]

Hello all,
I have my ILR appointment scheduled for the 24th of September at Solihull.
The appointment is for myself and my wife and excludes my 2 year old daughter who was born in the UK.
I am on a Tier-1 general visa at the moment.

I have travel plans to India mid-November and have some queries related to my kid's visa so if you could
help me with those, I would be most grateful..excuse me if I sound pedestrian, though.

a) Is my Kid's visa (Tier-1 dependent) going to be an issue for India travel?
b) If so, what options do I have to be "compliant"..and can it be achieved between 24/09-Mid November?

Need some urgent advice please..Apologies if something similar has been discussed earlier (in which case
if you could be kind enough to send links to the posts please).

Have a good one all.

[sonub4ualt]

Hello all,
I have my ILR appointment scheduled for the 24th of September at Solihull.
The appointment is for myself and my wife and excludes my 2 year old daughter who was born in the UK.
I am on a Tier-1 general visa at the moment.

I have travel plans to India mid-November and have some queries related to my kid's visa so if you could
help me with those, I would be most grateful..excuse me if I sound pedestrian, though.

a) Is my Kid's visa (Tier-1 dependent) going to be an issue for India travel?
b) If so, what options do I have to be "compliant"..and can it be achieved between 24/09-Mid November?

Need some urgent advice please..Apologies if something similar has been discussed earlier (in which case
if you could be kind enough to send links to the posts please).

Have a good one all.

What is the validity of your daughter's visa, if she can return to UK before the expiry I think there should not be any problem, when she returns make sure you apply for her registration for british citizen under section 1(3).

[coventried79]

Thanks for replying...her visa expires in March 2014 and she would be back by early Jan.

so as I understand the parents could be on ILR and the kid on a Tier-1 dependent visa and she could still travel legally before her visa expires...is that correct?

[sonub4ualt]

Thanks for replying...her visa expires in March 2014 and she would be back by early Jan.

so as I understand the parents could be on ILR and the kid on a Tier-1 dependent visa and she could still travel legally before her visa expires...is that correct?

Absolutely, she can travel and enter as long as her visa is valid!

[the_seeker]

I am in a similar situation - was due for ILR couple of years back, but not successful due to a driving conviction. Attempting again this October, so I had my case checked by a solicitor.

Since my employers visa is valid till 2015, I queried whether I could apply for ILR for me and my partner ONLY - as my child was born here and is eligible for registration as british citizen. Idea was that if we both have ILR, we will apply for citizenship all together after one year. There is an trip planned out of UK, which will be covered as child's BRP is valid till 2015.

Solicitor advised against taking that risk. His logic was if immigration official stops you at the border when you enter after holiday, he will see you and your partner have new BRP's with ILR on them and child's BRP has a different category of leave. All depends on whether he is satisfied with your answer or not.

His recommendation (which I am keen to follow since I have once been declined already) is to apply for ILR for all three of us (main, partner and child) together.

[leicester_boy]

hi the_seeker,

As long as your dependents have a valid visa, the immigration officer will have to let them enter the UK. Dont always trust the solicitors. Most of them are there to make quick bucks and give you duff information.

Search the forum and there are numerous cases where child born in UK is eligible for registeration as a British Citizen (if they were born in the UK) AFTER the parents received ILR.

Also, after the MN1 registeration your child can apply for the Birtish Passport.

Regards,

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I am in a similar situation - was due for ILR couple of years back, but not successful due to a driving conviction. Attempting again this October, so I had my case checked by a solicitor.