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I want to ask one question regarding ILR application of my children and wife, please provide advice based on following circumstances:

1- Main applicant is ILR holder (based on 5 years on Tier 2)
2- Wife and 3 children (born outside UK) are completing 5 years (on PBS dependent VISA) in Nov 2020. Current PBS dependent VISA is valid until Aug 2021.
3- One child was born in the UK, planning to register him as British using MN1.

My wife need to do preparation for English and Life in UK test and it may take some time to prepare and pass the tests. Also there will be lot of costs involved to apply for all at one time, so I am planning to first apply for my 3 children (all under 18 years).

Is it possible to apply ILR for my children first and later for my wife in next year? I am not sure if both parents or either one parent needs to have ILR before children can apply ILR?

Please let me know.

No. Non-UK born children must follow the immigration path of the less privileged parent. Children do NOT simply qualify based on 5 years Both parents must be settled. Your UK born child does not need ILR. Apply for MN1 now

Zimba wrote: ↑

Fri Aug 21, 2020 4:19 pm

No. Non-UK born children must follow the immigration path of the less privileged parent. Children do NOT simply qualify based on 5 years Both parents must be settled. Your UK born child does not need ILR. Apply for MN1 now

@Zimba Thanks for the advice.

Can my wife and children apply for ILR together? Or children needs to apply after my wife ILR application is approved?

Also I want to get idea when my wife and children 5 years qualification period starts. Please see below the timeline of their 1st PBS dependent VISA:

Date on approval letter: 22-10-2015
BRP valid from: 22-11-2015
VISA vignette validity: 06-12-105 to 05-01-2016
Date of UK entry: 07-12-2015

Please let me know when their 5 years qualification period starts? The date of approval or the date they entered in the UK?

Also is it allowed for PBS dependents to apply 28 days before the date when their 5 year are completing?

Can my wife and children apply for ILR together? Or children needs to apply after my wife ILR application is approved?

They can apply together. As stated already, the children cannot apply without your wife also applying, the immigration rules do not permit it.

Also I want to get idea when my wife and children 5 years qualification period starts. Please see below the timeline of their 1st PBS dependent VISA:

Date on approval letter: 22-10-2015
BRP valid from: 22-11-2015
VISA vignette validity: 06-12-105 to 05-01-2016
Date of UK entry: 07-12-2015

Please let me know when their 5 years qualification period starts? The date of approval or the date they entered in the UK?

As is posted daily in the forum, it is the initial visa issue date that the start of the period is counted from.

Also is it allowed for PBS dependents to apply 28 days before the date when their 5 year are completing?

Again,as I paired daily on the forum, the 28 days apples to ALL routes to ILR.