Main switched to ILR - what happens to Tier 2 dependant?

[spfc]

Hi, I'm hoping to hear any experiences of people who tried to go abroad and return to the UK in the following or similar situation.

My UK born son is a dependant of my Tier 2 visa, his visa expires mid next year (2017). I've just been granted ILR few days ago and haven't applied for his ILR as we are going the citizenship rule.

Because we will need to go abroad by the end of the month and return a couple of weeks later there is no time to apply for my son's citizenship and receive the documents back.

I read the ILR FAQ on this forum and can see the following:

Q32 - When should I consider including my UK-born child in my settlement application?
Under the following circumstances:
2. If you wish to travel abroad with the child soon after you receive settlement and do not have the time to apply for child's registration and British passport (and receive these documents) before you travel.

I then called UK Visa centre and explained the situation and was told that my UK born son should be allowed entry even though he is on a Tier 2 dependant visa where the Main Tier 2 Visa is no longer valid (due to it being switched to ILR). I spoke to two different advisors and both gave the same answer.

So I got a bit confused. Is there any written documentation online that I can refer to in order to rest assured he will (or will not) be allowed entry on his Tier 2?

Has anyone else ever travelled abroad in a similar situation and what was your experience?

Thanks!

[Casa]

Were you issued with ILR under the 5 year or 10 year long residence route?

[spfc]

5 year rule

[Casa]

In which case your son can remain as your dependent and travel on his existing visa.

[spfc]

In which case your son can remain as your dependent and travel on his existing visa.

Great, thanks for confirming.

Would you care to explain why on a 5 year ILR rule this is not a problem? I mean, if his visa is not expired I would guess it should be the same regardless of ILR rule...

[regularuser]

Casa,

I just received my Tier 1 Ent Ext and received visa until 11/2018.I have 2 dependents.I am due for my 10 year LR ILR next year 2017 So what happened with them. My wife also due for her 10 year ILR in Mid of 2018. My daughter came in this 07/2014.

My wife & dependent planning go to india for holiday in mid 2017 so is that problem for them because as Main applicant got ILR ?

Look forward to your reply

[Casa]

Casa,

I just received my Tier 1 Ent Ext and received visa until 11/2018.I have 2 dependents.I am due for my 10 year LR ILR next year 2017 So what happened with them. My wife also due for her 10 year ILR in Mid of 2018. My daughter came in this 07/2014.

My wife & dependent planning go to india for holiday in mid 2017 so is that problem for them because as Main applicant got ILR ?

Look forward to your reply

This is spfc's thread. Please open your own topic with your question to avoid confusion.

[Casa]

In which case your son can remain as your dependent and travel on his existing visa.

Great, thanks for confirming.

Would you care to explain why on a 5 year ILR rule this is not a problem? I mean, if his visa is not expired I would guess it should be the same regardless of ILR rule...

This thread explains the situation:
http://www.immigrationboards.com/immigr ... l#p1116217

[spfc]

In which case your son can remain as your dependent and travel on his existing visa.

Great, thanks for confirming.

Would you care to explain why on a 5 year ILR rule this is not a problem? I mean, if his visa is not expired I would guess it should be the same regardless of ILR rule...

This thread explains the situation:
http://www.immigrationboards.com/immigr ... l#p1116217

Not sure I understand the reason for it, but I guess I will have to take the risk.

I have emailed the Home Office... if I ever hear back from them I will update this thread.

[CR001]

Not sure I understand the reason for it, but I guess I will have to take the risk.

I have emailed the Home Office... if I ever hear back from them I will update this thread.

Your son can remain on his current visa and travel, there is no restriction on this. Not sure exactly what it is you don't understand. See link below for fuller details.

http://www.immigrationboards.com/immigr ... 14832.html

[spfc]

Not sure I understand the reason for it, but I guess I will have to take the risk.

I have emailed the Home Office... if I ever hear back from them I will update this thread.

Your son can remain on his current visa and travel, there is no restriction on this. Not sure exactly what it is you don't understand. See link below for fuller details.

http://www.immigrationboards.com/immigr ... 14832.html

The link you have provided seems to answer my question. I wasn't sure whether a dependant visa gets cancelled if the main applicant switches their visa to ILR. Based on the information on the link you provided it seems my son's tier 2 visa will be valid until its expiry date regardless of my ILR.

Thank you both for following up and pointing out how the system works.