Status of UK born dependent during ILR application

[labixler]

I am working with my employer to extend my visa and set myself up to apply for ILR afterwards. I have two dependants that would apply with me for ILR, but my son was born here and I plan to apply for citizenship for him after I obtain leave to remain.

My understanding is that I can apply for ILR one month before I have been resident for 5 years and that I can continue to stay and work while my application is being decided, even if my visa expires. This would also be true for my wife and daughter, who would apply with me.

My question is regarding the status of my son. If he is not applying for ILR with the rest of us, would he become illegal or would it jeopardise his further citizenship application? Or would we be OK, so long as his last entry into the UK was as a valid dependant before his status expired. For reference, he will be 5 at that time.

Essentially, I am trying to determine if 2 more years on visa (Tier 2 PBS) is enough, or if I should buy (via the NHS surcharge) an extra 6 or 12 months to ensure a smooth transition.

Luke

[CR001]

A UK born child is entitled to register as British once either parent gets ILR. The child does not need a valid visa to apply as it is an entitlement.

Children under 10 years of age are not subject to the good character requirement.

[labixler]

A UK born child is entitled to register as British once either parent gets ILR. The child does not need a valid visa to apply as it is an entitlement.

Children under 10 years of age are not subject to the good character requirement.

Thanks for the details. That confirms what I thought. The last point that I need clarified is if there is any risk if his dependency visa expires while my ILR application is being decided or before I am able to apply for his citizenship after I have obtained ILR.