Tier-2 Dependent Child ILR and Citizenship

[AndyR003]

Hi All

Can someone please help me find answers for the following questions?

I got my Tier-2 visa starting from 06 March 2014 valid until 06 March 2017. I changed jobs and got Tier-2 visa again starting from 06 March 2016 valid until 20 March 2019. My five-year continuous residence will complete on 06 March 2019 and hence, I will be applying for Indefinite Leave to Remain.

My wife came to the UK on 09 December 2014 as my Tier-2 PBS dependent (although her visa started from 20 August 2014). Her PBS dependent visa also ends on 20 March 2019. Her 5-year residence in the UK to qualify for Indefinite Leave to Remain will complete on 09 December 2019.

So am I correct in thinking that when I apply for my ILR, my wife needs to apply for Tier-2 extension as PBS dependent? If yes, then would it be for 3-year duration?

My child was born outside of the UK on 01 December 2015 and came to the UK on 15 January 2016 as PBS dependent child. Is my child eligible to apply for ILR at the same time as myself when I am applying for ILR? Or does he need to apply for Tier-2 extension as PBS dependent same as my wife?

If my child gets Tier-2 extension will he be eligible to apply for citizenship when my wife applies for ILR in December 2019, given that her application is successful and both of us get our ILR status?

Thanks in anticipation..

[CR001]

Your child will follow the same path as your spouse and must apply for ILR when she does.

The child has no entitlement to register as British simply because both parents have ILR as the child was born abroad. The child will only qualify to apply for citizenship when EITHER parent applies or is already British AND the other parent holds ILR.

There is no shortcut.

[AndyR003]

Hi CR001,

Many thanks for your reply.

Can my child apply for Citizenship without getting ILR?

I mean he would be on Tier-2 extension visa when I'd be applying for citizenship hopefully in March 2020. So just for the sake of saving/wasting money on getting his ILR, can he directly apply for citizenship without applying for ILR?

Best Regards,
AndyR003

[CR001]

Can my child apply for Citizenship without getting ILR?

No. A child born abroad is expected to be 'free from immigration time restriction', ie hold ILR.

A child born abroad is a registration as British at discretion and many have been refused trying to avoid ILR fee for child and by the time they get the refusal, the childs visa has expired and they are overstayers.

There is NO appeal process for refused Citizenship applications.

[AndyR003]

Hi CR001,

Many thanks for taking time out to answer my queries.

That was really informative.

Best Regards,
AndyR003

[Malikabdulbasit2004]

https://assets.publishing.service.gov.u ... y_2017.pdf
Please read page 14