PBS Tier 2 ILR for children if only one parent in UK

Hello, I am eligible for ILR through Tier 2 now, I have two children aged 15 and other will be 18 on 26th of July. My husband was previously given a dependent visa but later on refused an extension as he applied outside UK and had not spent enough time here in UK with family. He was advised to apply for visit visa that was also refused on the ground that he may overstay.
Now when I am filling my application for ILR in guidance it says as under
However, if you currently hold a visa under the new Tiered PBS system (Tier 1, Tier 2 etc) then your dependant spouse can only qualify for an ILR at the same time if dependant spouse has lived in the UK with you for at least 2 years as your dependant(if spouse visa was issued before 9 July 2012) or at least 5 years (if dependant visa was issued after 9 July 2012). Children of PBS migrants can only have an ILR when both parents have it or both are applying for it, or one had it and the other is applying with the child. In other words, a child cannot have an ILR until both parents are applying, or have, an ILR. That is unless a child was born in the UK, then he/she does not need an ILR at all and once parents are settled (hold an ILR), may be registered as British Citizen
Can you please advise how my children can apply with me

Why didn't your husband apply for entry clearance as a PBS dependant?

Where are your children?
What are their Immigration history?

When does your leave expire?

Under the current rules (319J(e)), your children are not eligible for settlement ... for the same reasons you have outlined above (one parent / your spouse does not leave to enter or remain and therefore is not in the UK).

Not the best situation to be in, given that one of your children will be an adult in 10 days time!!

When does your current PBS leave as Tier 2 migrant expire?
When does your children's current leave expire?
When were the EC applications made by your spouse - as PBS dependant and then as a visitor?

I came to uk in Dec 2006 as a dependent of my husband along with my children on students visa. my children were that time aged 9 and 7, In July 2010 I got Tier 2 visa for one and half year and my family applied for an entry clearance there is no break in visa. Later on my husband went to work in middle east. in between he visited us but not much. I applied for extension here and got but, my husband applied from Qatar and got refused on the grounds as he was working there and instead apply for visit visa which alto got refused out of the fear he may stay back.
I got further extension of my Tier 2 up to April 2017 so got my children. Now as I qualify for ILR through PBS Tier 2 I came through this issue in article 319H I am eligible for ILR through ten year route in Dec 2016. I simply wanted to get out of this stress and .IFf I get ILR now what will happen to the visa of my children. Should they be on the same visa as me. I fear if I apply and theirs gets refused it should not create any problem for them

Given that you and your children have leave until April 2017:
1. You should defer you own ILR application and your husband should apply again for EC as PBS dependant, and upon approval move to UK (temporarily, if he cannot move here permanently).
2. Once your husband is in UK, apply ILR for self (as PBS migrant) and both the children (as PBS dependants).
3. When ILR is approved, your husband may then choose to move back to where he is now (if he wishes to).


Alternatively, you and your children apply for settlement under the 10 years route in December 2016 (when, based on what you have written, the three of you will complete 10 years of legal stay in the UK) .... provided each of you meet the requirements at the time (e.g. - absences from UK).