ILR application for Tier 2 main applicant and dependants

[orthodoc]

Dear Members/Moderators, I will be grateful if you can kindly advise on planning my ILR application. I have read most of the relevant posts here. So although the post is a bit long, hopefully there are just couple of points that needs clarification.

Background:
1.Main applicant, tier 2 stamped on 11/6/12, arrived in UK on 20/6/12
2.Dependent and 1st Child, visa stamped on 10/10/12, arrived in UK on 8/12/16
3 2nd & 3rd child born in UK August 2014 & April 2016


My Plan
1. Main applicant ILR application on 15th May 2017 by premium appnt (28 days before completing 5 yrs from visa stamp date). Current visa expires on 25th May2017
2. 4 dependants extension of pbs dependant by postal route once ilr approved
3. Application of ILR and 1st child in September 2017
4. Registration of 2nd & 3rd UK born children as British citizen once wife's ILR approved

Queries
1. Do both the parents need to have ILR before registration as British citizen for my UK born kids?
2. There's only 10 day overlap between my current visa expiry and ilr eligibility, hence I am going premium, Will it be a problem when I send postal application for pbs dependant visa extension if their current visa just expires?

Thanks for you time and advise.

[CR001]

1. One parent with ILR is sufficient.

2. Depends MUST apply for extension before their visas expire.

[orthodoc]

Thanks for your prompt response. Much appreciated.
With regards to extension of PBS dependent visa, following is the extract from the UKBA guidance.
"37. Applications for leave to remain under the Points Based System will fall for refusal if you have
overstayed for more than 28 days on the date of application, unless there were exceptional
circumstances which prevented you from applying within the 28 day period. The 28 day period of
overstaying is calculated from the latest of:
• the end of the last period of leave to enter or remain granted,
• the end of any extension of leave under sections 3C or 3D of the Immigration Act
1971, or
• the point a written notice of invalidity is deemed to have been received, in accordance
with paragraph 34C or 34CA of the Immigration Rules, in relation to an in-time
application for further leave to remain."
So my humble interpretation is that I can apply up to 28 days from visa expiry without any explanation asked, if overstay is beyond 28 days then its problematic and I will have to prove exceptional circumstances for the delay.

[CR001]

Yes it can work but can also have an effect on a citizenship application further down the line. It is ALWAYS best to apply before visa expires.

[orthodoc]

Dear Members/Moderators, I will be grateful if you can kindly advise on planning my ILR application. I have read most of the relevant posts here. So although the post is a bit long, hopefully there are just couple of points that needs clarification.

Background:
1.Main applicant, tier 2 stamped on 11/6/12, arrived in UK on 20/6/12
2.Dependent and 1st Child, visa stamped on 10/10/12, arrived in UK on 8/12/16
3 2nd & 3rd child born in UK August 2014 & April 2016


My Plan
1. Main applicant ILR application on 15th May 2017 by premium appnt (28 days before completing 5 yrs from visa stamp date). Current visa expires on 25th May2017
2. 4 dependants extension of pbs dependant by postal route once ilr approved
3. Application of ILR and 1st child in September 2017
4. Registration of 2nd & 3rd UK born children as British citizen once wife's ILR approved

Queries
1. Do both the parents need to have ILR before registration as British citizen for my UK born kids?
2. There's only 10 day overlap between my current visa expiry and ilr eligibility, hence I am going premium, Will it be a problem when I send postal application for pbs dependant visa extension if their current visa just expires?

Thanks for you time and advise.

Dear members,
In continuation to my previous query ( my status remains same). As advised by the mod to avoid any delays, I have decided to change my plan.
Now I am planning to extend my tier 2 and my dependants visa for another year, so that will give me andy dependants visa till May 2018. I plan to send a postal application in early March 2017 and as soon as I get extension, I will apply for ILR when I become eligible for ILR in May 2017.
With regards to my dependants am i right that they will continue on their PBS dependants visa( valid till May 2018 after extension) as long as they apply for ILR before it's expiry.
Thanks