ILR eligibility for my children

[Ama2020]

Dear All,

I would like to seek your assistance in this situation. I came to the Uk in 2016 as a Tier 2 immigrant with my family.

I got my ILR after 5 years and year later got my citizenship. Now I have my three children who were born in the UK before I got my citizenship naturalised .

My question is that, my wife couldn’t pass her B1 and Life in the UK test so far and her current visa with other 2 children who were born outside the UK will expire at the end of December this year.

Can I apply for IPR for my children and extend my wife tier 2 dependent visa status or I have to extend their Tier 2 dependent visas for all of them till my wife got her test sorted.

Note: my children who were born outside the UK, they have been living in this country lawfully for 8 years.

Please advise

Regards.

A

[zimba]

This is how things work:

• Children born in the UK AFTER one parent gets ILR, will be British at birth.
• Children born in the UK BEFORE one parent gets ILR will have an entitlement to register as British, after one parent gets ILR.
• Children born OUTSIDE the UK have no entitlement to British citizenship and will follow the immigration path of the less privileged parent. They will settle with that parent.

[secret.simon]

Your children born in the UK can register as British citizens now that you have ILR.

Your children born abroad can register as British citizens either after they get ILR with your wife OR after completing 10 years of legal residence in the UK, provided that they are still less than 18 years old when they complete their 10 years.

So, what is the current age of the two children born abroad?

[AmazonianX]

For the wife, have you tried th English language test provided by Trinity College London?
For LIUK, you can search for life in the UK testweb, try preparing by practicing th 17 Exams.

[Ama2020]

Dear All,

Please help if you can

I came to the UK as a skilled worker in 2016 with three children who were born outside the country. When I applied for ILR in 21 , my wife didn’t pass her English exam and the Life in the uk to get her settlement with me.

HO advised me at that time to extend my wife and the three children their Tier 2 visa as dependents for another 2.5 years.

Now, their visa is about to expire and unfortunately my wife didn’t pass her two exams again.

So, my question is that

Can my children apply for their ILR as they have lived in this country over 8 years lawfully and I now became British citizen?

Or they need to apply for an extension with their mum?

I hope I can get solid answers

Many thanks

A

[CR001]

Can my children apply for their ILR as they have lived in this country over 8 years lawfully and I now became British citizen?

No you cannot. They will qualify for ILR when your wife does. If they get to 10 years legal stay and meet all the requirements, then the children can each apply independently for ILR on form SET LR.

Or they need to apply for an extension with their mum?

Yes.