Request guidance on dependent's ILR Application

Hi All,

Good day. We are currently in the UK. We came here around May 2015 on Tier 2 general Visa and all three ( me, my spouse and my elder son) have completed our 5 years of stay in the UK. My spouse (main applicant) has received her ILR in Sep 2020. I have also applied for my ILR for which my biometrics are due in Jan and hopefully will get it in a few months. My question is about our 2 Kids:

1) My Elder son is a US citizen and his UK dependent Visa is expiring in Feb 2021. My spouse will be eligible for citizenship only in Sep 2021. As his Visa would be expiring before my wife's citizenship status, I would like to know if we should a) Extend my elder son's Tier2 Visa or b) Should apply for his PR soon before his visa expires c) if there is a provision/ clause that says that if one of the parent has an ILR then the kids can directly apply for citizenship d) if there is a provision/ clause that says that if both the parents have an ILR then the kids can directly apply for citizenship?
2) My younger son is born in the UK and is currently an Indian citizen and his UK dependent visa is also expiring in Feb 2021.I would like to know if we should a) Extend my younger son's Tier2 Visa or b) Should apply for his PR soon before his visa expires c) if there is a provision/ clause that says that if one of the parent has an ILR and the Kid being born here in the UK, can we directly apply for citizenship d) if there is a provision/ clause that says that if both the parents have an ILR and as the kid is born in the UK, then the kid can directly apply for citizenship?

i am seeking your help as it is very expensive for me to apply for his ILR/ extension when they will be eligible for citizenship in Sep 2021 when my spouse gets one. Kindly advise if there is a way i can save on these additional expenses of applying for extended Visa/ ILR for them during this covid crisis.

Thank you so much.

Regards
Veera

1. Your child born abroad requires ILR before they can apply for citizenship when one parent is applying and the other holds ilr. There is no shortcut route for children born abroad. You should have added the child in your ilr set o application.

2. UK born child can be registered as British once either parent holds ilr, so could have applied already when your spouse got their ilr. The UK born child has an entitlement to register as British before the age of 18. Note that the child will lose their Indian citizenship once they become British.

Thank you so much. I am clear now about my second kid who is born in the UK. I will apply for this citizenship as my spouse already has her ILR. However, in regards to my elder one, I heard from my friend that if both the parents have their ILRs, the kid who is born abroad can apply for citizenship. As I would be getting my ILR around Feb, could you please advise if this clause is correct and I can apply for my elder son's citizenship as soon as I also get my ILR ( in this case both me and my spouse will have ILR) ? Kindly advise. Thank you so much for your time.

Regards
veera

I heard from my friend that if both the parents have their ILRs, the kid who is born abroad can apply for citizenship.

You heard wrong. This provision is only applicable to UK born children and not to children born abroad. Your eldest child requires ilr first.

Thank you so much. Will apply accordingly. Have a Merry Christmas and a happy new year.