Tier 2 Immigrant, want ILR, questions regarding dependents

[drypuri]

I am currently tier2 work permit holder,
I am here from June 2010, In June 2015 completed 5 years of continuous residence so eligible for applying for ILR
I am about to apply but want few things clarified and questions answered before i do. I am hoping that community here can help immensely
My wife and 4 year old child came here as dependents in 2013, they are currently with me. as my current tier 2 permit expires in 2017 they still have 2 years on that visa.
We have a newborn child who is 2 weeks old, who i am currently in the process of getting indian passport

my questions are
1. will it be advisable for me to apply for ILR now only for myself
2. do i need to change visa of my dependents, if yes when should i do that: should i apply at time of my ILR application- if yes which form and category should be used
3. can they apply separately as my dependents after i get ILR( I am planning for premium service)
4. can my wife and child extend there stay till 2018 under tier 2 after there visa expires in july 2017 so that my wife and kid will become ILR eligible.
5. What should I do with my other kid, can my both kids get ILR/british citizenship at the time of my ILR

Any help will be appreciated. I know there may be many there with situation like me.
Please help
Thank you very much
Yogesh

[CR001]

1. will it be advisable for me to apply for ILR now only for myself
Only you qualify for ILR so not sure who else you want to apply for. Your dependents need 5 years residence if visa applied/granted after 9 July 2012.

2. do i need to change visa of my dependents, if yes when should i do that: should i apply at time of my ILR application- if yes which form and category should be used
No, they can continue on their existing PBS Dependent visa and apply for extension before current visa expires. They need 5 years residence as PBS Dependent to qualify for ILR

3. can they apply separately as my dependents after i get ILR( I am planning for premium service)
See #1 and #2 answer. They DO NOT have to apply for anything if they have visas valid till 207

4. can my wife and child extend there stay till 2018 under tier 2 after there visa expires in july 2017 so that my wife and kid will become ILR eligible.
They can apply shortly before the current visa expires for an extension on PBS Dependent form.

5. What should I do with my other kid, can my both kids get ILR/british citizenship at the time of my ILR
Your UK born child is entitled to apply to register as British Citizen once you have been granted ILR. UK born child DOES NOT need ILR if you are planning to apply to register the child as British. The 4 year old child will need to extend visas in line with mother and get ILR first if born abroad.

[drypuri]

Many thanks for the reply, now one complication caused by myself. I registered child as a indian citizen and got his indian passport. can i still apply for him to british citizen if that is the case I will have to submit indian passport. can you please help. If i would have known that I can directly apply for his british citizenship I would not have applied for Indian passport. any help is highly appreciated.
Also i have got my ILR now.
When my wife and elder son apply for extension of there leave at PBS dependent, which form should I use

[geriatrix]

can i still apply for him to british citizen
.....
When my wife and elder son apply for extension of there leave at PBS dependent, which form should I use

Yes.
PBS dependant (now only online applications are allowed).

[CR001]

Yes, you can still register the UK born child as British on form MN1 and you can apply using NCS at the council and they copy the documents and give you the originals back. I am however, not familiar with the rules for under 18 year old Indian citizens and this question should be asked in the 'Other Countries' forum.

Tier 2 Dependent is now an online application. See This Link (Click)

[secret.simon]

We have a newborn child who is 2 weeks old, who i am currently in the process of getting indian passport

Had your child been born (I presume s/he was born in the UK) after you got ILR, s/he would have been a British citizen at birth.

But in any case, now that you have got ILR, if the child was born in the UK, s/he is entitled (i.e. can not be refused) to register under Section 1(3).

Acquiring British citizenship by registration will mean that the child will lose its Indian citizenship and they will need to apply for a British passport to travel. That typically takes between three and six months. So, I would not start the registration process if you have any travel plans.

Your child born outside the UK shares the status of the less-privileged parent (in this case, the mother).

Your wife can extend her T2G dependent visa until she completes 5 years on that visa. Your elder child and she can then apply for ILR.

DO NOT switch them to FLR(M). Doing so will reset the clock to zero and they will need to spend five years from the grant of FLR(M) to qualify for ILR.

If you have become a British citizen by then, they can apply for British citizenship immediately after getting ILR.

[drypuri]

Wow that is really great advise, can you please link me how to apply for MN1
Also you said that By the time my PBS dependents become eligible for ILR, I would be able to apply for British citizenship. they would be eligible for british citizenship with out waiting for 1 year

[drypuri]

Dont worry, found MN1
filling it up now, I am stuck at refree section, do we have to fill this up, if yes, who should I ask to be refree, i have british citizen friends, but I am worried as health visitor would give there details, please guide me

[CR001]

The referee has to complete the referee page.

[drypuri]

So further to this, Doctor who saw him has filled up refree 1, she is greek though I hope that is okay, second one is also there with British passport

[CR001]

Referees are fine. Professional referee can be any nationality.

[drypuri]

Further to this, to my much luck, I got my younger child's citizenship certificate. now have to apply for British passport, what is the process of doing the same please

[CR001]

Pick up a form at Post Office, complete it and send with supporting documents.

[drypuri]

Pick up a form at Post Office, complete it and send with supporting documents.

Well my problem is my child already got Indian passport and my worry is i have to return it before travelling to India. As in i am not clear what will be child's status for india. we have to get OCI card for him before we travel to india

[CR001]

You can use fast track for a child passport. It takes about 1 week. You cannot use same day service for first passport.

There is a 90 day grace period in which the Indian passport can be used without incurring penalties. The 90 days is counted from the date on the childs Registration Certificate.

[drypuri]

You can use fast track for a child passport. It takes about 1 week. You cannot use same day service for first passport.

There is a 90 day grace period in which the Indian passport can be used without incurring penalties. The 90 days is counted from the date on the childs Registration Certificate.

Many Thanks for the quick reply, so I suppose i can take kid out of UK having both passports, and when i come back it should not be the problem for him to enter UK as he has got UK passport

[CR001]

You can use fast track for a child passport. It takes about 1 week. You cannot use same day service for first passport.

There is a 90 day grace period in which the Indian passport can be used without incurring penalties. The 90 days is counted from the date on the childs Registration Certificate.

Many Thanks for the quick reply, so I suppose i can take kid out of UK having both passports, and when i come back it should not be the problem for him to enter UK as he has got UK passport

Correct yes.