Tier 2 Dependant Child after ILR

[nikolayspas]

Hi,

Got a following question - My son born in the UK has got a Tier 2 General Dependant Visa through my wife's Tier 2 visa. My wife is eligible to apply for ILR already and currently xxxxx is assembling her application. Our question is - once my wife gets and ILR (premium appointment) would my sons visa be cancelled i.e. he would not be able to travel, or he will still have his BRP? I understand he will be able to apply for a passport straight on; however it takes some time and we have holidays booked.

xxxxxx had advised that his visa won't be cancelled and he will be able to travel; however as I read about it, it does not appear to be the case.

Hope this makes sense.

Moderator Edit: Immigration advisor company name removed.

[CR001]

would my sons visa be cancelled i.e. he would not be able to travel, or he will still have his BRP?

His visa will remain valid if your wife is applying for ILR based on Tier 2 General and NOT 10 years long residence. When does the child's visa expire?

I understand he will be able to apply for a passport straight on; however it takes some time and we have holidays booked.

No, only British citizens can apply for a British passport. Your son is not British. You will first have to register him as BC on form MN1.

[nikolayspas]

Hi,

Thanks for your reply. - My wife is applying on the 5 years Tier 2 general Basis - my sons visa is valid until summer 2017.

Would at any point my son not be able to travel?

Thanks

[CR001]

He is free to travel as long as he has a valid visa.