ILR for children (born in india but staying in UK more than 9.6 years) when mother is ILR and father is British passprot

[testingksty2010]

Dear Moderators

am having british passprt sicne 2021 and staying in UK
. My wife and children arrived in UK on sep 1 2014 and currently in UK on depenent visa(appendix fm spouse visa valid till aug 25). Both Children born in india. Currently one is 9 years old and another is 16 (2007 May born)
My family doesnt have any break of continous 180 days since then and
overal 360 days gap from aug 2014 till today ( they go for vacation in summer every year for a month).

My wife and children eligbile for ILR -> aug 2 2024 on continous long residence .
my children have plans to go back to home country for their educcation feb'24 to July'24.

couple of questions
1. if my wife gets ILR in aug 2024 on long residence , then childen will get automatically the ILR as mother and father both settled irrespecive of 6 months break for children from feb 24 to july 24
2. is ILR rules applicable for children aswell ( 540 days overall break and 180 days continuous stay) even though mother and father are settled ILR.

3.as iam british passport as soon as my wife get ILR (in aug 2), immeidatley can she apply for passport after her ILR(sep 24). ?

4. if my wife got british passport and i also britis passport, can children apply for british passport after their ILR in aug 24 immeidately ?
or Do they need to stay 1 more year(from aug 24 to aug 25) for naturalisaiton via MN1 route?

Thanks in advance
Warm regards,

[CR001]

1. if my wife gets ILR in aug 2024 on long residence , then childen will get automatically the ILR as mother and father both settled irrespecive of 6 months break for children from feb 24 to july 24

Nothing is 'automatic' for the children. They have to apply and pay for ILR.

2. is ILR rules applicable for children aswell ( 540 days overall break and 180 days continuous stay) even though mother and father are settled ILR.

For ILR based on 10 years long residence yes, the same rules apply.

3.as iam british passport as soon as my wife get ILR (in aug 2), immeidatley can she apply for passport after her ILR(sep 24). ?

She can't apply for a passport directly. She has to apply for naturalisation first and once approved and ceremony attended, then she can apply for a passport. She can apply as soon as she has ILR provided she meets all the requirements.

4. if my wife got british passport and i also britis passport, can children apply for british passport after their ILR in aug 24 immeidately ?
or Do they need to stay 1 more year(from aug 24 to aug 25) for naturalisaiton via MN1 route?

Children can apply when your wife does as long as they also have ILR. There is no 12 month period to wait for children to Register as British.

[testingksty2010]

1. if my wife gets ILR in aug 2024 on long residence , then childen will get automatically the ILR as mother and father both settled irrespecive of 6 months break for children from feb 24 to july 24

Nothing is 'automatic' for the children. They have to apply and pay for ILR.

2. is ILR rules applicable for children aswell ( 540 days overall break and 180 days continuous stay) even though mother and father are settled ILR.

For ILR based on 10 years long residence yes, the same rules apply.

3.as iam british passport as soon as my wife get ILR (in aug 2), immeidatley can she apply for passport after her ILR(sep 24). ?

She can't apply for a passport directly. She has to apply for naturalisation first and once approved and ceremony attended, then she can apply for a passport. She can apply as soon as she has ILR provided she meets all the requirements.

4. if my wife got british passport and i also britis passport, can children apply for british passport after their ILR in aug 24 immeidately ?
or Do they need to stay 1 more year(from aug 24 to aug 25) for naturalisaiton via MN1 route?

Children can apply when your wife does as long as they also have ILR. There is no 12 month period to wait for children to Register as British.

For point 1 : my question is whether children eligible for ILR or Mn1 once mother got British passport.
for example : if mother got ILR in aug 24, then children is elgilble to apply ILR though the break is outside uk for last 6 months? (from feb'24 to aug'24) . is gap doenst matter for them to apply ILR or MN1 on the basis of father British passoort and mother british passport.

actually my children has been staying since 2014 septmerb 1 , gap in between is 36o days so far and there is no 6 months break in between. but ih ave plan to send to home country from feb 24 to aug 24 to india

[CR001]

For point 1 : my question is whether children eligible for ILR or Mn1 once mother got British passport.
for example : if mother got ILR in aug 24, then children is elgilble to apply ILR though the break is outside uk for last 6 months? (from feb'24 to aug'24) . is gap doenst matter for them to apply ILR or MN1 on the basis of father British passoort and mother british passport.

They apply for ILR on from Set F. Children born abroad require ILR before they can apply for citizenship. They must apply for ILR in the UK before their current visas expire.

[testingksty2010]

For point 1 : my question is whether children eligible for ILR or Mn1 once mother got British passport.
for example : if mother got ILR in aug 24, then children is elgilble to apply ILR though the break is outside uk for last 6 months? (from feb'24 to aug'24) . is gap doenst matter for them to apply ILR or MN1 on the basis of father British passoort and mother british passport.

They apply for ILR on from Set F. Children born abroad require ILR before they can apply for citizenship. They must apply for ILR in the UK before their current visas expire.

Many thanks

My questions are below in terms of kid staying abroad

Notes :
children and wife arrived in Uk - sep 1 2014 and continously staying in UK till today
childen born in Inda - one in 2007 may and another in 2014 march
father got passport in 2021 and ILR in 2020
children and wife - currently in dependendent visa till 2025 dec
gaps for children and wife - 360 days
is any continous gap of 36o or more - NO

1. Scenario 1 : assume mother gets same day ILR on log residence (sep 2014 to aug 24) naturalisation and british passport gets dec'24 (approximate date)
currently children in UK. assume if i send children to inida from feb 24.
Once her mother receive passport say in dec 24, can children come in dec 24 and apply MN1 and passport as both mother and father are british passport holders
in this scenario kids exceed 540 days and they are not applying ILR, they appy mn1, is this
scenario correct?

2. is any immigraiton rule , no matter children have gaps or stay in any country, once mother and
father gets british passport, children can apply Mn1 and naturalisation without ILR?
here children not ILR and still on depenent visa when they are in india. but not they are exceeding
their stay in india more than 6 months let say feb 24 to dec 24.

3. is any immigration rule as such when children applying ILR they have to be in UK for past 3 months
though they fall within 540 days gap?
ex: children go from UK on feb'24 to inida and comeback in june'24 and apply irl in aug.24 in uk along with
her mother . but is any rule like last 3 months should be in UK before applying ILR.

3. kindly suggst me the correct appraoch
plans of sending kids from feb to june 2024
but to avoid risk, better they can stay continously here and apply irl in aug 2024. is it right
approach? or am taking risk sending kids from feb to june 24 and apply ILR along with mother in aug 24?

[CR001]

1. Scenario 1 : assume mother gets same day ILR on log residence (sep 2014 to aug 24) naturalisation and british passport gets dec'24 (approximate date)
currently children in UK. assume if i send children to inida from feb 24.
Once her mother receive passport say in dec 24, can children come in dec 24 and apply MN1 and passport as both mother and father are british passport holders in this scenario kids exceed 540 days and they are not applying ILR, they appy mn1, is this scenario correct?

Children need ILR first. I have already advised this. There is no absence limit for children.

2. is any immigraiton rule , no matter children have gaps or stay in any country, once mother and
father gets british passport, children can apply Mn1 and naturalisation without ILR?
here children not ILR and still on depenent visa when they are in india. but not they are exceeding
their stay in india more than 6 months let say feb 24 to dec 24.

They need ILR first before they can apply for citizenship. This was advised already.

3. is any immigration rule as such when children applying ILR they have to be in UK for past 3 months
though they fall within 540 days gap?
ex: children go from UK on feb'24 to inida and comeback in june'24 and apply irl in aug.24 in uk along with
her mother . but is any rule like last 3 months should be in UK before applying ILR.

There is no such '3 month' rule. They need to be in the UK to apply and must meet the requirements for ILR based on the form they are using.

3. kindly suggst me the correct appraoch
plans of sending kids from feb to june 2024
but to avoid risk, better they can stay continously here and apply irl in aug 2024. is it right
approach? or am taking risk sending kids from feb to june 24 and apply ILR along with mother in aug 24?

It is your choice what you choose to do. Simply look at form SET F and decide.

[testingksty2010]

1. Scenario 1 : assume mother gets same day ILR on log residence (sep 2014 to aug 24) naturalisation and british passport gets dec'24 (approximate date)
currently children in UK. assume if i send children to inida from feb 24.
Once her mother receive passport say in dec 24, can children come in dec 24 and apply MN1 and passport as both mother and father are british passport holders in this scenario kids exceed 540 days and they are not applying ILR, they appy mn1, is this scenario correct?

Children need ILR first. I have already advised this. There is no absence limit for children.

Thanks .1. It means when applying ILR on set F appliaton, abscence doenst matter is it?. Like Feb' to dec'24 if they stay in india and come in dec'24 once mother get British passport, they can apply ILR on set F route?
2. also children can apply ILR once mother gets ILR in sep 24 though the gap exceeds beyond 180 days in india like feb'24 to sep'24 on set F appliiton route? is 180 days break doenst imact their ilr on setf?

2. is any immigraiton rule , no matter children have gaps or stay in any country, once mother and
father gets british passport, children can apply Mn1 and naturalisation without ILR?
here children not ILR and still on depenent visa when they are in india. but not they are exceeding
their stay in india more than 6 months let say feb 24 to dec 24.

They need ILR first before they can apply for citizenship. This was advised already.

3. is any immigration rule as such when children applying ILR they have to be in UK for past 3 months
though they fall within 540 days gap?
ex: children go from UK on feb'24 to inida and comeback in june'24 and apply irl in aug.24 in uk along with
her mother . but is any rule like last 3 months should be in UK before applying ILR.

There is no such '3 month' rule. They need to be in the UK to apply and must meet the requirements for ILR based on the form they are using.

3. kindly suggst me the correct appraoch
plans of sending kids from feb to june 2024
but to avoid risk, better they can stay continously here and apply irl in aug 2024. is it right
approach? or am taking risk sending kids from feb to june 24 and apply ILR along with mother in aug 24?

It is your choice what you choose to do. Simply look at form SET F and decide.

[zimba]

Children do NOT have any residence requirement and therfore there is also no absence limit. They settle when both parents are settled

[testingksty2010]

As you know my children staying in UK since 9.6 years now.(since 2014 sep to till date they have been staying in uk. no gap of 180 days and total tap is 340 days). currently my 2 children and my wife in UK along with me.
i have a requiremnt to send them india in FEB for their studies for 5.5 to 6 months.
mother will be applying ilr in 2024 august as per 10 years long residence and am already british passport

(after 5 months or 5.5 months break in india, My children wil be back to UK in august'24 once my wife gets ilr
i would like to apply them on set F application or Long residence ILR ( i will ensure they come back to uk after 5/5.5months)
Is school letters mandatory for them in UK for ILR or set F?
becuase next 5/5.5 months they would be studying in india(one is A level and another one is year 5)

if uptodate chool letter mandatory i wouldnt be having in july immediaately when i apply ILR for them as school starts in september.
therefore cannot send them now to India for their studies. i need to retain them until august for ILR either in SET F or Long residence ILR. please suggest

[zimba]

As you know my children staying in UK since 9.6 years now.(since 2014 sep to till date they have been staying in uk. no gap of 180 days and total tap is 340 days). currently my 2 children and my wife in UK along with me.
i have a requiremnt to send them india in FEB for their studies for 5.5 to 6 months.
mother will be applying ilr in 2024 august as per 10 years long residence and am already british passport

(after 5 months or 5.5 months break in india, My children wil be back to UK in august'24 once my wife gets ilr
i would like to apply them on set F application or Long residence ILR ( i will ensure they come back to uk after 5/5.5months)
Is school letters mandatory for them in UK for ILR or set F?
becuase next 5/5.5 months they would be studying in india(one is A level and another one is year 5)

if uptodate chool letter mandatory i wouldnt be having in july immediaately when i apply ILR for them as school starts in september.
therefore cannot send them now to India for their studies. i need to retain them until august for ILR either in SET F or Long residence ILR. please suggest

What school letter have to do with anything ??? Children will settle when both parents settle. They do NOT need anything to show or prove. They do NOT have any residence or absence requirement as I pointed out above. If your spouse gets ILR, you can apply for their Indefinite Leave to Enter (ILE) directly from India and they can return with ILR status.