Can I include my UK Born children as dep .to my wife's SET M

[wowboy]

Dear Gurus,

Please your help has always been big support and will be appreciated as always.

I'm expecting my ILR (10 years) soon, my wife is switching from Tier 1 dep to FLR M (Old rule). We have 2 kids (under 18), both born in UK, one on Tier 1 general (expiring 2015) another hasn't got any visa.

It has been very confusing to me and every1is giving different answer.

For personal reasons we don't want British registration for the kids as of yet, so we planning to apply ILR for them too.

Assuming, I have ILR, my wife FLR M. When she is applying for SET M can she include my both kids as SET M Dependants?

When I called to HO tel, each time they gave me conflicting answers.

1- Yes I should include my kids to my wife's SET M as dependants.

2-I should ONLY include one kid with no visa to SET M Dependant, another one with Tier 1 General I should have switched (like my wife) to FLR M and then applied separate SET F for him.

On second answer, is there in the Rules ( I can't remember the paragraph) states that if UK born child's parent has ILR, child also automatically qualifies to ILR irrespective from their leave.

Can you please give me best option for me and advice.

Many thanks

[Amber]

I think you mean:

A child born in the United Kingdom who is not a British Citizen and who requires leave to enter or remain in the United Kingdom in the circumstances set out in paragraph 304 may be given indefinite leave to enter where paragraph 305 (i)(b) or (i)(c) applies provided the Immigration Officer is satisfied that each of the requirements of paragraph 305 (ii)-(v) is met. Where an application is for leave to remain, such a child may be granted indefinite leave to remain where paragraph 305 (i)(b) or (i)(c) applies, provided the Secretary of State is satisfied that each of the requirements of paragraph 305 (ii)-(iv) is met.

Children could be included on FLR(M) and SET(M). Or SET(F) when both parents are settled/applying to settle.

What is the reason you don't want them to be British?

[wowboy]

Dear Amber thanks for your reply,

That's what i thought ,but now i'm thinking may be i made huge mistake NOT including my first child (tier1 dep) into my wife's FLR M.
I had in mind following: I get ILR then Switch my wife to FLR M, then when she applies to SET M she will include both kids to SET M as dependants. I didn't think there's also rule child, like for partner, child also need to switch to FLR M and SET M.

Since child is UK born and under 18, doesn't it really matter what leave they have?, can they not be granted ILR straight away skipping FLR M???

New born child is clear, she doesn't have any visa any we will include her to SET M dependant.

Look forward to your reply.

thanks

What is the reason you don't want them to be British?

The reason is simple, the country we come from is no dual citizenships, and i would like to have children first my country passports and then in the future we can get British.

[Amber]

I would think so under 305.