How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask UK_Lawyer Your Own Question
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
Type Your Law Question Here...
UK_Lawyer is online now

Hi I am on a Tier 2 (General) visa which expires in July

Customer Question

I am on a Tier 2 (General) visa which expires in July 2015 at which point I will have completed 5 years on a Tier 2 (General) visa and will be eligible for ILR. My wife who is my dependent is on a PBS Dependent visa under my Tier 2.
On 20 December 2014 (just over 2 weeks ago) we had a baby boy. I just wanted to know what my options are for my son?
Is it best for us to wait until we (my wife and I) are on ILR in July/August this year and then straight away apply for his British PP or as he was born whilst I was on a Tier 2, do we need to do something else?
Submitted: 2 years ago.
Category: Law
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question, I will be happy to help you today.
No I would recommend that you wait and then apply for him to be issued with a British passport after you and your wife have obtained ILR, this would be the best way to proceed.
Of course the home office understands that it does take time for a new born to obtain a passport etc and both the mother and the child to recover from the Birth.
If you and your wife's application for ILR is straight forward then I would just apply using the same day service obtain the the resident permit and apply for the child after.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
UK_Lawyer and other Law Specialists are ready to help you
Customer: replied 2 years ago.


Your answer makes sense and is in line with what we were thinking.

However, just in case an emergency were to come up and we needed to travel (with the baby) before July 2015 then what would my options be? I am a Kenyan PP holder and my wife is a Pakistani PP holder. In this case, am I correct in thinking that I would have to first get my son a Kenyan PP and then apply a PBS dependent for him as well? If so, does this cause any complications (or delay) with him getting a British PP once I am on ILR?

Also, I finish 5 years on Tier 2 in July 2015 (i.e. been on tier 2 since July/Aug 2010) whilst my wife who is on PBS Dependent under my Tier 2 has been on this status since October 2010 (i.e. 2-3 months later). Will she automatically get ILR too? both our visas expire on the same date in July 2015.

Thanks again.

Customer: replied 2 years ago.
Relist: Other.
I am satisfied with the first answer but would like to have the answer to my follow-up questions ASAP. Thanks
Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
I do apologise for the delay in reverting back to you.
1. Yes I believe you should apply for a Kenyan passport for him regardless and then apply for either a dependent visa ( if required to travel urgently) or a British passport when you have been issued with indefinite leave to remain. No the fact that he applied for a kenyan passport would not effect the application for a British passport.
2. Yes , she will automatically obtain ILR too, all she needed to have done to obtain ILR was to have resided with you for at least two years, in this case she has been residing as your dependent in the UK for longer than 2 years and therefore it should not be any problem when she applies for ILR.
I hope this clarifies the matter.
Kind regards