ILR for PBS Dependent wife / MN1 for newborn

[8TillIDie]

I intend to apply for my ILR in Jan 2019. I have a few questions about its implication for my wife and my newborn son.

A. Key facts

1. I received my Tier 2 (General) migrant visa in Jan 2014, which I had extended for an additional 3 years in Jan 2017. I will have completed 5 years by Jan 2019. Hence, my ILR application is straightforward and I don't have any queries in that respect.

2. My wife entered UK in June 2012 on a Tier 2 (ICT) migrant visa. Subsequently, she switched to Tier 2 (General) dependent visa in May 2014.

3. My son was born in the UK in Oct 2018. I plan to apply for his British citizenship through form MN1 directly (i.e. without first applying for his ILR).



B. Questions about my wife's application

1. My understanding is that my wife cannot apply for an ILR with me in Jan 2019 since she will not yet have completed 5 years as a Tier 2 (General) dependent visaholder, which will happen only in May 2019. Her time previously on a Tier 2 (ICT) migrant does not count for this purpose. Is that correct? Is it valid for a person to continue to remain and work in the UK as a PBS dependent while the primary migrant has received an ILR?

2. I plan to apply for British citizenship in Jan 2020, whereas my wife's leave to remain continues until end-Jan 2020. Is there any route for my wife to directly apply for her British citizenship based on her 5+ year stay as a PBS dependent and as a spouse of a British Citizen (assuming my application is successful) without she first applying for an ILR (i.e. PBS Dependent to British Citizenship directly)?


C. Questions about my newborn son's MN1 application

1. On my son's MN1 application, should his nationality be "Indian" (same as both me and my wife) or "Officially Stateless" (since he hasn't applied for any citizenship yet)?

2. If it is "Officially Stateless" what kind of "officially-issued identity document" can I provide? Will a British birth certificate do?

3. If it is "Indian", how far do I need to go with getting a valid "officially-issued identity document"? Do I need (a) only a British birth certificate; (b) both British and Indian birth certificates; and (c) both birth certificates and an Indian passport?

[vinny]

B.
1. Yes. Yes.
2. No.

C. Having a nationality or being stateless shouldn’t affect his entitlement.

[8TillIDie]

Thank you vinny.