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Status of child PBS dependent visa after parent switching to Indefinite Leave to Remain

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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am_merati
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Posts: 5
Joined: Tue May 01, 2018 9:26 pm
Iran

Status of child PBS dependent visa after parent switching to Indefinite Leave to Remain

Post by am_merati » Wed May 02, 2018 11:58 am

Hi all,

I and my family have been in UK since July 2008 and at the moment I am on Tier 2 (General) and my family are on PBS dependent which are valid until Feb 2020.

My son has been born in UK in Dec 2008.
I am planning to apply for Indefinite Leave to Remain (ILR) in July 2018 via 10 years long residence for my self and my wife. But since my son has not been in UK for 10 years, I am not going to apply for his ILR. I also know that once I get my settlement (ILR), my son is eligible to apply for British citizenship:
Your parent has become a British citizen or settled since your birth

I am also planning to quit my job from the company which has got us our current visa after I got my settlement. I believe my current employer would let home office know once I left the company. I do not have to worry about my visa as I would have ILR.

But now my question is related to my son visa whose visa is PBS dependent and the fact that I switch to ILR and also quit my current job would invalidate/curtail or effect my son PBS dependent visa in any way? Can he travel during August on his current visa and then once he is back in September, I would apply for his citizenship?

I really appreciate any help as I am really desperate to know about this and plan?

Thanks
Amin

vinny
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Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Status of child PBS dependent visa after parent switching to Indefinite Leave to Remain

Post by vinny » Wed May 02, 2018 1:47 pm

If son was born in the UK, then he would be entitled to register as a British citizen directly after a parent is granted ILR.

There may be a risk of him being refused entry due to a change in circumstances. But registering him would make any refusal moot.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

am_merati
Newly Registered
Posts: 5
Joined: Tue May 01, 2018 9:26 pm
Iran

Re: Status of child PBS dependent visa after parent switching to Indefinite Leave to Remain

Post by am_merati » Wed May 02, 2018 3:09 pm

Hi Vinny,

Thanks for the answer, If I register him in July after I got the ILR, does he have to wait until the result come back? or he can travel abroad with his PBS dependent visa without the need to wait for the result? My wife is planning to travel abroad with him in August and therefore, if I register him and if we have to wait until then, the plan for travel becomes an issue.

Thanks
Amin

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Status of child PBS dependent visa after parent switching to Indefinite Leave to Remain

Post by vinny » Wed May 02, 2018 3:28 pm

Register him via NCS and JCAP so that he can keep original documents.
How long is he expected to be away?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

am_merati
Newly Registered
Posts: 5
Joined: Tue May 01, 2018 9:26 pm
Iran

Re: Status of child PBS dependent visa after parent switching to Indefinite Leave to Remain

Post by am_merati » Wed May 02, 2018 4:40 pm

Hi Vinny,

Many thanks for the reply. He is away for just less than a month during August.

Thanks,
Amin

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