Child need to Travel : Without citizenship

[Sandy2017]

Hi,
For me and wife, ILR application is pending. Due to emergency in India we are trying to expedite the ILR process. Once we get ILR decision want to visit India urgently.

For my son who is born in UK, i have not done ILR since thought of applying citizenship directly.
He is currently having Tier2 dependent visa which is valid until October 2021.

I am the main tier2 applicant and As i understand once I get ILR my tier2 ICT visa will not be valid. So what happens with my son's dependent visa.

I mean if we all travel to India (without citizenship for my Son), Can he enter in UK on old Tier2 dependent visa?

Please help

[CR001]

His visa becomes invalid especially if you travel out of the UK.

[Sandy2017]

Thanks CR001.

Just found below in PBS dependent guidance which says dependent still hold last grant of limited leave.
Then why travel outside UK makes Visa invalid?

What i am not able to digest is as per below point 16 from PBS dependent guidance, dependent visa holds their last grant of leave if main applicant gets ILR, then why travel is not allowed?

"What happens when the main applicant has been granted indefinite leave to remain (ILR)?
16. If you are the dependant of a person (Main Applicant) who has indefinite leave to remain (ILR), or
British citizenship, you should read this guidance as if they still hold their last grant of limited leave.
17. If the Main Applicant has been granted ILR or British citizenship, and you currently have leave as
their dependant, your leave to remain is valid until the expiry date on your biometric residence
permit."

ref: Skilled Workers (Dependants) Policy Guidance page 5
https://assets.publishing.service.gov.u ... 0_v1.0.pdf

[CR001]

Pointless reading the guidance for ilr based on 5years PBS route when you have not applied for ilr based on 5 years residence.

Ilr based on 10 years long residnece is not the same rules.

Members have been refused entry on PBS dependent visas when the main PBS visa holder got ilr based in long residence.

immigration-for-family-members/dependan ... 43881.html

[Sandy2017]

Thanks a lot CR001.

Can you help me what options i have then?
I have emergency and need to travel asap but can't afford citizenship loss for my child. Thus looking for options available?

Option1 : While returning do visitor visa for my Son and then make a citizenship application inside UK.
Can we do visitor visa only for him? or we might need to do for all of us?

Option2: Can i apply for child citizenship from India based on our ILR status?

Option 3: apply citizenship for child once ILR is approved.
Can i travel to India and come back if child citizenship application is pending?

[zimba]

The dependant child of a settled parent in the UK is very unlikely to be refused entry to the UK as that would raise safeguarding issues. So my suggestion is to simply travel back on Tier 2 dependant visa. At the same time, apply to register him as a British citizen online using Form MN1 as this will not affect his travel.

The process of applying for registration and then applying for a COE sticker or British passport from abroad could take many months, so it is NOT recommended at all.

[Sandy2017]

Thanks a lot Zimba.
But if we apply for citizenship using MN1 for child, is the traveling allowed while application is pending?

[CR001]

Free to travel when applying for citizenship. It is not an immigration application.

[Sandy2017]

Thanks CR001.
Ok so look like I have to apply for MN1 and then travel on dependent visa. While return what else I should keep with me.
I mean I will have for my child
1:his PBS dependent BRP
2 proof of MN1 application
Will letter from MP or Mayor will help explaining emergency?

[zimba]

Thanks CR001.
Ok so look like I have to apply for MN1 and then travel on dependent visa. While return what else I should keep with me.
I mean I will have for my child
1:his PBS dependent BRP
2 proof of MN1 application
Will letter from MP or Mayor will help explaining emergency?

There is no specific order of things you need to do. Get your ILR and travel. Apply for MN1 for the child when you get time. There is no need for a letter or anything. As pointed out to you, an application for British citizenship is a nationality application NOT an immigration application so they are two separate things. The immigration status of your son remains the same while MN1 is processing.

[Sandy2017]

Thanks Zimba!

But CR001 mentioned in above chain of messages that since myself (main Tier 2 Applicant) switching to ILR on long residence basis, my sons (PBS dependent) visa will be invalid specially when travels outside UK.
Also mentioned that Members have been refused entry on PBS dependent visas when the main PBS visa holder got ilr based in long residence.

is that right CR001?
Please Please Comment!

[zimba]

The dependant child of a settled parent in the UK is very unlikely to be refused entry to the UK as that would raise safeguarding issues. So my suggestion is to simply travel back on Tier 2 dependant visa. At the same time, apply to register him as a British citizen online using Form MN1 as this will not affect his travel.

The process of applying for registration and then applying for a COE sticker or British passport from abroad could take many months, so it is NOT recommended at all.

???????????????

[Sandy2017]

Thanks Zimba.

I understand and agree with your suggestion but there is little chance of entry rejection or deporting to all of us since child can't enter in UK which is very unlikely but possible.

So I was wondering if i can find some solution which will give my son definite entry.

What if after ILR, i apply for my sons citizenship and then travel since during citizenship processing his old leave will be valid until decision?

I mean only submitting Application for citizenship and not waiting for bio-metric appointment also etc.

[zimba]

If you hold ILR, you cannot be refused entry unless your ILR is revoked. Your concerns are mostly due to catastrophising. Your son's BRP will be valid for travel and admission is pretty much guaranteed. The border cannot admit you while refusing your dependant son.

[Sandy2017]

Thanks a lot Zimba!