Hi
My current status is Tier 2 General with 3 dependants. I + my spouse will be eligible to apply for ILR from 01st Oct 2020. Our current Tier 2 leave expires on the 28th of Oct 2020.
I have two children both born in the UK. I applied for their Tier 2 leave just so they could travel outside the UK and re-enter. I am planning to apply for ILR with my spouse leaving the two children out. My knowledge is that I can register them as British citizens if and after my + my spouse's ILR is granted.
I know this topic has been discussed before and I kind of know the advice however I just got off the phone with my company's immigration consultants so asking it again.
Considering the fact that the priority application is suspended, it is likely that our ILR application will be pending on 28.10.2020. In short, my children are likely to be without a valid leave. The consultants suggested that their stay would become illegal at that stage(I know that's rubbish). They also said this could also lead to their BC application getting rejected. My thought is that they didn't need a leave in the first place to stay in the UK so their stay becoming illegal seems odd. However, by applying for a Tier 2 leave for them, have I created a situation where the rules blurr because technically the leave will expire.
Any ideas?
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