Immigration status of UK born children

[Debbie50]

Hello. I am hoping someone can help with the following, as I am confused and have had conflicting advice.
Here is the background: My husband is on Tier 1 (General) and will be applying for ILR in late Sept. I am also on Tier 1 (General) and will be applying for FLR(M) in early Oct once my husband gets settlement (I am looking after children so no longer meet the terms of Tier 1). We have two children, both UK born, ages 3 and 1. One of the children is a dependent on my husband's Tier 1, the other is on my Tier 1.
The question relates to what their status is once we have applied for ILR and FLR(M) respectively. We had planned to register them both for citizenship once my husband gains settlement in late Sept. However, I have since been advised (Home Office inquiries) that both children will not be eligible - only our daughter attached to my husband's visa would be eligible, while the other would have to apply as my dependent during FLR(M) process. I was told this was because as I wasn't eligible for ILR, she couldn't apply for citizenship because she is my dependent.
My understanding was that UK born children could register for citizenship once one parent had settlement.
Any comments/assistance would be gratefully received. Thank you!

[Greenie]

Ukba are wrong, you are right. Both children have an entitlement to be registered as British citizens once one of their parents has ilr.

[Greenie]

Also are you aware you will be subject to the new financial requirements and new probationary period of 5 years if you switch on form FLR(M)?

[Debbie50]

Thanks for your speedy reply. I thought that was the case, but you assume UKBA are telling you the right thing. It makes it hard to plan around.

Yes, we are aware of the new financial requirements and new probationary period, thanks. The new period is a bit frustrating of course - my first 5 years counts for nothing!

Thanks for your help.

[Lucapooka]

my first 5 years counts for nothing!.

Unless, or course, you don't switch but, instead, continue as a Tier 1 migrant. However, I would imagine you have considered this and feel that it not going to be possible.

[Debbie50]

No, unfortunately not.

[shieldguy]

The new 5 year rule for dependent or spouse visa will only apply if you didnt already have a dependent or spouse visa before july 2012