Kids ILR situation if possible.opinion please?

[spectra]

hello
I am new here.I hope someone will guide me.
I am british citizen.My wife and 2 kids are on spouse visa which will extend next year.I am managing all requirements so hopefully it will be 5 years route.I was given an opinion that i should go for wife s extension only and don't extend kids visas(if i am not travelling out of country for next 2.5 years).When wife will complete 5 years and apply for her ILR, that time i should apply ILR for kids as well as there is no requirement for the kids except that both parents should be at least on ILR.It was also said that they will not be overstayer as they will meet requirement for ILR as soon as wife will apply for ILR(or wife will get ILR).
What is your expert opinion .What law says about kids ILR?

[CR001]

If they were born abroad and you let their visas expire, of course they will be overstayer with no legal right to remain in the UK. That means no free NHS either and being charged at 150% of cost.

There is no shortcut. They need ean extension with your wife.

Who exactly gave you this "opionion"?

[spectra]

Thankyou CR001
i understand NHS cost and agree with you about overstayer .My question is , if i do that and when 5 years completed and i apply wife ILR first and then apply for kids ILR(i am British and wife will have ILR), is it possible by law?
i want to know when i will apply for their ILR after wife's ILR , will it go through or refused and if refused , on what basis?
what is requirement for Kids ILR in law? Can you please tell me exactly what is in law?
Opinion is from a solicitor!

[secret.simon]

Not the best quote from Shakespeare, but the Home Office has ways to get its pound of flesh.

You haven't mentioned the age of the children.

Keep in mind that children above the age of 10 are expected to meet the good character requirements when registering as British citizens. Being an overstayer can therefore impact any future registration of the children as British citizens.

Also note that if the child is an overstayer, by definition, they are not "ordinarily resident" in the relevant part of the UK. That can impact long term matters like student finance and Home Student status, as that requires the child to have been "ordinarily resident" in that nation for at least three years before the first day of the first year of the course.

So, as you can see, saving a few hundred pounds now will impact their future and perhaps may even cost much more, if they are classified as overseas students rather than Home Students.

Also, in a different case, @Frontier Mole had pointed out that child services can get involved and the children can be taken into care if it appears to them that the parents have been negligent in regularising their status in the UK. I may of course have misunderstood and I am sure they will correct me if I am wrong.

[spectra]

Thanks secret.simon for very specific points which will help me understand the background of this approach.
one child will be 4 in December and other will be 7 in august.
please help me understand ONE main point which is center of this approach"When wife will get ILR, then by law (one parent is national and other ILR) , kids will get ILR based on that requirement(are there any other requirement other then this).When kids will get ILR leads to Nationality, their overstayer will be ignored and they will be national same as any other.They will not be tagged as overstayer anymore and what you mentioned "ordinarily resident" will be met.They will not be ordinarily resident until their overstayer tag is with them.But that tag will be removed when they get ILR.Am i correct?
your last point of children services is valid point.
Please pardon me as i am just trying to understand!

[secret.simon]

please help me understand ONE main point which is center of this approach"When wife will get ILR, then by law (one parent is national and other ILR) , kids will get ILR based on that requirement(are there any other requirement other then this).

Surely it must have occurred to you to wonder as to why nobody else has thought of this way to save money/deprive the Home Office of one source of revenue. Normally, if nobody has done something for the first time, there is a pretty good reason to not do it.

The general principle is that a child born abroad has the same status as that of the less-privileged parent. But that is the general principle. There are a lot of details and requirements around it.

But since you appear to want to skate right up to the edge of the law, I decided to look at the specific wording.

In order to apply for ILR for a child, the child needs to (Immigration Rule 298) "(ii) has or has had limited leave to enter or remain in the United Kingdom, and" "(vi) does not fall for refusal under the general grounds for refusal,". Overstaying in the UK would almost certainly fall under the general grounds for refusal.

A crucial detail to note is that a child abroad does not have an entitlement to register as a British citizen, nor is there an entitlement to ILR. Such applications are at discretion. And the caseworker will be able to see the whole history of the children involved.

Also when submitting a renewal application for the wife, one of the questions in the form is whether there are any dependent children that are not included in the application and the reason for that. How would you answer that question? Also, the Home Office will then ask questions and hold up your wife's application while it investigates why you were purposely making the children overstayers.

Also teachers and other social workers could become aware of the childrens lack of immigration status because the children may not be eligible to carry out certain activities (such as if the school arranged a trip to France, etc).

Also note that failure to regularise the immigration status of the child can get child services involved, because your spouse and you obviously can't provide for the children.

As for the tag of "overstayer" being removed once ILR or British citizenship is achieved, that really depends on the purpose. Their history will always remain with them. It may be overlooked/ignored for specific purposes, but it will still remain with them.

It could complicate any future trips to the US and other countries, for instance, which look at the whole history of the person and which may not be as forgiving of an overstayer as the UK. So the answer to your question is much more complicated than that.

Like CR001, I am intrigued to know who gave you this opinion. I hope it is not a solicitor or advocate, because if they were, frankly they should be stuck off. If it is somebody who has tried this and succeeded, always keep in mind that it is stints like this that leads to the law becoming much stricter for everybody. The Home Office frequently updates the Immigration Rules, a few times a year.