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Does Tier 2 dependent child requires ILR dependent?

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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g_london
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Does Tier 2 dependent child requires ILR dependent?

Post by g_london » Wed Jun 14, 2017 1:27 pm

Hi Gurus

I tried finding similar questions to that of mine on the forum but no luck. Also, this question is related to Tier 2 and ILR. So, I thought this might be a better thread to post the question.

Situation:
My nationality: Indian.
I am on Tier 2 general visa. My wife is dependent on me.
We got our Tier 2 in Nov-12 and then go further extended until Dec-17.
Our child was born 2 months ago in the UK.

We now wish to travel to India in Nov and be back before the Tier-2 expires (and in time to apply for ILR).
I understand that I'll have to apply for my child's Tier 2 dependent visa under the PBS system, if I wish to travel.

The questions:
1. I tried locating the form to apply for my child's Tier 2 dependent visa. But I stumbled upon a statement saying that 'I cannot apply for Tier-2 dependent whilst in the UK'. Can you please help with the correct form?

2. If I get a Tier 2 dependent visa for my child, would I also have to get an ILR dependent visa for him? Or could I directly apply for his naturalization (MN1 proces)? The question is because there could be a possibility that his visa might be expired and because there is a huge fee associated with the process.

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CR001
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Re: Does Tier 2 dependent child requires ILR dependent?

Post by CR001 » Wed Jun 14, 2017 1:49 pm

1. I tried locating the form to apply for my child's Tier 2 dependent visa. But I stumbled upon a statement saying that 'I cannot apply for Tier-2 dependent whilst in the UK'. Can you please help with the correct form?
It is an online form only for applications within the UK. See PBS Dependent Child (click). You will also have to pay the immigration health surcharge as part of the process. You can apply in person or by post (takes a couple of months), you can also apply for a visa from India if you choose to.
2. If I get a Tier 2 dependent visa for my child, would I also have to get an ILR dependent visa for him? Or could I directly apply for his naturalization (MN1 proces)? The question is because there could be a possibility that his visa might be expired and because there is a huge fee associated with the process.
A UK born child DOES NOT requirer ILR if you plan to register the child as British on MN1. You can only register the child as British AFTER you are granted ILR.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

g_london
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Posts: 2
Joined: Wed Jun 14, 2017 1:11 pm

Re: Does Tier 2 dependent child requires ILR dependent?

Post by g_london » Wed Jun 14, 2017 3:14 pm

Thanks CR001 for an amazingly quick response. :)

Based on your response:
A UK born child DOES NOT requirer ILR if you plan to register the child as British on MN1. You can only register the child as British AFTER you are granted ILR.
Please help me with this scenario:

I've got Tier 2 dependent visa for my child, which would expire inline with my current Tier 2 visa in Dec-2017.
My wife and I can apply for ILR in (mid) Oct-17. We get ILR using premium service and have got our ILR & passports back in 2-3 weeks.

My child, wife and I travel to India. My wife and I are on ILR and my child is on Tier-2 dependent.
We plan to apply for my child's registration (MN1) process after coming back.
(apparently, parent's passports are required)
http://www.wandsworth.gov.uk/info/20051 ... vice_ncs/4

In your opinion do you think the scenario in bold above is valid for entry in the UK for all of us. We definitely plan to return before my child's Tier 2 dependent visa expires.

Or do you think I'd have to apply ILR dependent for my child.

Again... thanks a lot for your help... You guys are doing an amazing job!!

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CR001
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Re: Does Tier 2 dependent child requires ILR dependent?

Post by CR001 » Wed Jun 14, 2017 4:20 pm

Child can re-enter the UK on their PBS Dependent visa as long as it is valid.

ILR premium service you get your passport back on the same day. It is the BRP card that takes 7 to 10 days to be delivered.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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