Child travelling using valid leave to remain (when parents are on ILR already)

[divac]

Hello everyone,

Me and my partner both have ILRs, while our child is eligible for citizenship via MN1 route. We are planning to go to Spain in May and are worried about processing times of MN1+passport applications. We are afraid that we won't have a British passport for the child in time to travel.

So our question is whether we can postpone MN1 application and travel to Spain with Schengen visas and come back to the UK by showing two ILRs and an "old" BRP that expires in august 2018?

Many thanks for any help.

[CR001]

An 'old' BRP expiring in August 2018 is not 'old'.

On what basis did you obtain ILR, 5 year route or 10 years long residence?

[divac]

5-year Tier 2 route.

[CR001]

If the child's visa expires in August THIS YEAR as you stated 2018, then it is still valid and the child is free to travel.

[divac]

Oh that is excellent. I was concerned with the status of a "dependent" of his BRP. And when we applied to ILR they asked us why our child is not included in the application. My reply was that he is going to go via MN1 route. So I assumed that somehow home office expects us to update the child's immigration status before we travel next time. I am glad to learn they will let us in using the valid BRP.

Thank you for your help.

[CR001]

See link below, the rules permit dependents to stay on their visa without any issue, provided the main PBS migrant got ILR based on the PBS route and not long residence.

immigration-for-family-members/dependan ... 14832.html

Assuming of course that your child is UK born as well??

[divac]

Yes, my son was born in the UK before we had the ILRs. At some point we (parents) had to extend our leave and he was included in the application as Tier 2 dependent.

By looking at FAQ's Q35 it says: "After settlement, register your child as a British citizen" (which I haven't done yet and because of that phrase I am worried whether at the border they will ask us why we haven't do so?) but as you say given that my son has a valid BRP until August 2018, he may freely re-enter the UK in June 2018 without any issues?

[CR001]

You will not be asked 'why you haven't done it yet'. Citizenship laws are completely separate to immigration rules. He has a valid visa, he can travel and re-enter the UK without any issues.