ILR for Children of British Mother

[skan1234]

hi

my wife is british citizen, we have 3 kids (2 sons and 1 daughter).

my daughter was borned after my wife got her ILR and was granted british citizenship. now my wife and daughter have british citizenship

my sons (7 and 6 yrs) are still on WP dependent visa (i am on WP visa as well). 1.5yrs are still left on 5yr residency requirement before i can apply for ILR

my question is

can i apply for ILR or naturalization for my two sons - both of them were borned in pakistan before my wife had ILR. both of them have been living in uk for 3.5 yrs on WP dependent visa.

my wife doesnt work she is house wife. i work full time and my kids and wife are dependent on me.

can some one please guide us what are the best options for us

thanks

Javed

[John]

After your wife got her ILR, any reason why you did not switch to a 2-year spouse visa, rather than remain on the WP? That would have ensured an earlier path to your own ILR and British Citizenship.

Your wife's route to ILR? Just trying to understand why she has got ILR, and you have not?

As it is, best you stay on your current WP, get ILR in 1.5 years, then (on the basis of current legislation) apply for your Naturalisation (and your children's Registration) as British as soon as the ILRs issued.

[tasha75]

As it is, best you stay on your current WP, get ILR in 1.5 years, then (on the basis of current legislation) apply for your Naturalisation (and your children's Registration) as British as soon as the ILRs issued.

Can't they not apply for children's registration as BC now, since the children mother is already British citizen?

[jazbaati99]

As far as I remember the MN1 guide says that discretion will normally be applied (for section 3(1) application like this) when one parent is a British citizen and the other holds an indefinite leave to remain. So not too sure if discretion will be applied in this case.

On a side note since the wife got ILR after the birth of the daughter any particular reason of not including yourself and your sons as dependents in your wife's ILR application unless ofcourse his wife applied under 10 year residence.