ILR Queries Dependent Baby

[shivasks]

Hi All,

My current situation:
HSMP EC Stamped On 8th April 2008
Entered UK on 11th May 2008
Wife Living with me since Feb 2010 as Tier 1 dependent
Got Tier 1 Dependent for Son who was born in UK in Dec 2011

Myself and Mrs eligible for applying for ILR in March and am trying to get a Permium Service Apointment at one of the PEOs which is proving to be a challenging task...i am sure i will win if i bought a lottery on the date when i find PEO slots online. Anyways my main concern below

Should i apply for ILR for my son also ? or if i get PEO appointment in March and assuming i also get my ILR letter can i apply for a UK passport for my son afterwards ? Will it be considered an overstay for my son if at all his UK passport application cannot be made by April 8th when his Tier 1dependent visa expires ?

Cheers,
Shiva

[vinny]

If your son skips the ILR application, then he will be an overstayer after his leave expires. But he will still be entitled to apply for British citizenship if you are successful.

[shivasks]

Thanks Vinny !

Cheers,
Shiva