ILR eligibility for my Wife and Kid

[GOPALAY]

1. Entered UK July 31 2011 and Wife entered UK in September. But she went abroad for Maternity on Mar 2012 and came back in May 2013(Gap of 14 months)
2. I am eligible to apply from 05 July 2016. Can she apply with me as she would have completed 3 years by then or we have to wait till she also completes 5 years

[GOPALAY]

1. Me and my wife are due for ILR in July 2016(Me, My wife and Kid have Tier 1 visa till Nov 2017).
2. If we(Me and my wife) get ILR in July 2016. Technically we can apply naturalization from July 2017. So rather than applying ILR for my son now, Can I directly apply for naturalization when I do it for me and my wife in July 2017. He anyway has a tier 1 till Nov 2017.

3. This way I can save some money on his ILR expenses.

[O_Relly]

Where was the child born? If child was born in the Uk then he is eligible to be registered as British via MN1. (equivalent of naturalisation for adults) as soon as the parent(s) obtain ILR.

If he was born outside the UK then he will have apply for his ILR.

[noajthan]

1. Me and my wife are due for ILR in July 2016(Me, My wife and Kid have Tier 1 visa till Nov 2017).
2. If we(Me and my wife) get ILR in July 2016. Technically we can apply naturalization from July 2017. So rather than applying ILR for my son now, Can I directly apply for naturalization when I do it for me and my wife in July 2017. He anyway has a tier 1 till Nov 2017.

3. This way I can save some money on his ILR expenses.

Minors do not naturalise they are registered.

2) If born abroad to non-British parents your son is not British;
he is only eligible to apply to register as a citizen at the Home Secretary's discretion once he has settled status (ILR).

3) False economy.

If you scrimp and save on ILR you risk losing the minor's registration fee.

[O_Relly]

When she was outside the UK, was her visa always valid and she returned to the UK with a valid visa and extended from within the UK ? If yes, then she is good to apply for her ILR with yourself.

If her visa ran out and she applied for a new EC from outside the UK in 2013, then she will fall under the 5 year rule.

[noajthan]

Example of recent refusal of foreign-born child due to no ILR:
british-citizenship/mn1-3-1-refusal-com ... 04978.html

[GOPALAY]

Thanks guys that was an eye opener. I think I got my answers

[GOPALAY]

Guys I am getting confused here.

Is it 3 years of continuous stay for dependents or is it 5 years?
Also if we start counting from 2013 May considering 5 years she can apply only in 2018. There is no ILR beyond 2018+ her Tier 1 runs out in 2017 Nov. So it is quite confusing what should be done.

[vinny]

There is no ILR beyond 2018

That statement is true, if she is a Tier 1 (General) holder and only qualifies for ILR under Tier 1 (General).

It's false if she is a PBS dependant. Did she apply for an entry clearance from 9th July 2012?