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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hi There, I have recently changed my visa category from

Customer Question

Hi There,

I have recently changed my visa category from Tier 2 General to ILR.

My wife and and my child are still on the dependent visa which we got when I was a Tier 2 employee for my sponsor company. My child was born in the UK in July 2012.

Now the questions are:

1) How soon should I change the visa category for my wife and my child ? Is there any legal issue ?

2) If I go out of the country in the current situation (Myself on ILR, my wife and child on Tier 2 dependent visa) , Will there be any problem when I come back to the UK. I mean, can my wife and my child be denied entry into the UK. Actually I was planning a short trip to India for 15 days in next month.

Please note that I am still working for the employer who had provided me Tier 2 visa and I intend to work them for next 3/4 months,

Thanks,
Ravi.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello Ravi,

You may apply for registration of your child born in the UK as a British Citizen using form MN1, see here: http://www.ukba.homeoffice.gov.uk/britishcitizenship/applying/applicationtypes/childregisteringasbritishcitizen/

if your wife entered the UK before 9 July 2012, she may apply for settlement when she lived in the UK for 2 years.

You should submit your child's MN1 application before you travel out of the UK, there should not be a problem for the child to come back to the UK even if the MN1 application has not been decided by that time as long as the child has a valid UK visa/leave to remain.

If your wife qualifies for ILR now, she should apply for it before she travels.

All the best
Customer: replied 2 years ago.

Hi,


 


thanks for the reply. My wife had entered in the UK first time in March 2009 and since then, she kept on getting the extension every time from within UK with me. So she has also completed 5 years in the UK as my dependent.


 


She is yet to go through for Life in the UK test + IELTS. So although she qualifies, these two tests would take some time and I wanted to go out of the country for 15 days and hence my question.


 


So please tell if it is advisable to go out of the country in this situation or we should never go to avoid any undesirable situation until visa issues for my wife and child are sorted out ?

Expert:  UKSolicitorJA replied 2 years ago.
You are fine to leave the UK for 15 days, not a problem.

Your wife would have qualified for ILR at the same time as you did.

All the best
Customer: replied 2 years ago.

Hi,


 


Thanks for the answer, and sorry for asking the same thing again but in clearer words.


 


When you are saying 'You are fine to leave the UK for 15 days, not a problem.', you mean me and my family, right ?


 


Sorry for going into such minute details but I want to make sure that I do not face any issue while coming back.


 


Thanks,


Ravi.

Expert:  UKSolicitorJA replied 2 years ago.
Yes, you and your family.

All the best
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
UKSolicitorJA and other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi,


 


Thanks for your answer and service. I have marked it accordingly - excellent :)


 


Btw, if you have got any link for cases such as mine, can you forward it to me please.

Expert:  UKSolicitorJA replied 2 years ago.
Will do so.

Thank you for the rating.

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