ILR Eligibility Query

[jagadishkumarp]

Hi All,

I started working in the UK since Feb '18 and en route to ILR via the 5-year route. However, my dependents were granted leave to remain a little later than mine. All of our visas expire on the 14th of Jan 2023.

The details of our first leave granted are below:

• Main Applicant: 17-01-2018
• Dependents 1&2: 05-04-2018
• Dependent 3: Child born in the UK (visa application underway)
  P.S: I am assuming that Dependent 3's leave will expire on the same day as mine.

From what I gather on the forum I will be eligible to apply ILR on the 20th of December 2022 and my dependents somewhere in March of 2023 - which is the cause for concern.

Q) What happens to my dependents who will not complete 5 years by 14-01-2023?

Confused stemming from the fact that the decision on my ILR will not have been taken by the time dependents leave expires.

Is the case as simple as:
1. Me applying ILR on 20-12-2022
2. Applying for PBS-Dependent extension of 1 year for my dependents

Thanks in advance,
Jagadish.

[jagadishkumarp]

A follow-up question:

Q) Is there a possibility that I can claim citizenship for my child born in the UK after I get ILR, even if his recent leave to remain expired?

[CR001]

Q) What happens to my dependents who will not complete 5 years by 14-01-2023?

Confused stemming from the fact that the decision on my ILR will not have been taken by the time dependents leave expires.

Is the case as simple as:
1. Me applying ILR on 20-12-2022
2. Applying for PBS-Dependent extension of 1 year for my dependents

1. Yes

2. Yes but an extension is for 3 years and you cannot choose a lesser time.

Q) Is there a possibility that I can claim citizenship for my child born in the UK after I get ILR, even if his recent leave to remain expired?

You can register the child as British once either parent is granted ilr. Form MN1 and current cost is £1023. Once approved and certificate received, you can apply for the child's passport. A UK born child doesn't need a valid visa as they have an entitlement to register as British if UK born.