PBS Dependent (Wife & children) application for citizenship by naturalisation

[pradbis]

Hello all,

Had a question about eligibility of my wife & children to apply for naturalisation, for which I would be grateful for any advice.

Facts:
Me
- Started UK Tier 2 General in March 2013
- Applied & got ILR in March 2018
- Planning to apply for British citizenship by naturalisation in March 2019

My wife & children
- My wife came to UK in April 2012 on Tier 2 (ICT)
- My children came to UK in August 2013 dependant on my wife's Tier 2 ICT
- In March 2016, my wife & children all switched to dependent visa dependent on my Tier 2 General/ they are currently PBS Dependants on my ILR
- My wife & children have been living me throughout - i.e. for more than 5 years
- Children are 13 and 8 years old

My question:
- Can I apply for citizenship for my wife & children along with me? Query is because they have been dependent on my visa for less than 3 years
- Even if this is not possible for my wife, is there any possibility for my dependent children to apply for citizenship with me? Or even as soon as I have British citizenship?

Any advice/ guidance will be gratefully received.

Thanks,
Prad

[secret.simon]

- Can I apply for citizenship for my wife & children along with me? Query is because they have been dependent on my visa for less than 3 years

No. Spouse and children born outside the UK are expected to have ILR before acquiring British citizenship.

If you are a British citizen, your wife can apply for naturalisation as soon as she acquires ILR. She does not have to wait for a year. But she does have to acquire ILR under the relevant rules (as PBS dependent) first.

- Even if this is not possible for my wife, is there any possibility for my dependent children to apply for citizenship with me? Or even as soon as I have British citizenship?

In order to register as a British citizen, children born abroad are expected to have ILR, with one parent on ILR and at least one parent either being a British citizen or applying to become one.

As the children were born abroad, their UK Immigration status will be in line with the less-privileged parent and will be eligible to apply for ILR with their mother.

Therefore, your wife and children will be eligible to apply for ILR after completing five years as PBS dependents and then can apply for naturalisation/registration immediately after they acquire ILR.

[pradbis]

Thanks Simon.

[secret.simon]

Welcome. Also see this recent thread for more information.

[RizKCB]

Therefore, your wife and children will be eligible to apply for ILR after completing five years as PBS dependents and then can apply for naturalisation/registration immediately after they acquire ILR.

My understanding on this is:
1- Wife will switch from PBS to Spouse Visa with children as dependent (Using salary threshold stuff)
2- Afterwards wife including children will spend 5 years on that status (2.5 + 2.5 years extensions)
3- Then Wife including children can apply ILR and Naturalisation.

If during this time wife and children could complete 10 years long residence requirements, they could switch to ILR. For Example, Wife switches to spouse visa with children as dependent, they will complete their 5 years in 2024. During those 5 years, wife could apply for ILR (10 Years Long Residence) in April 2022 which may benefit children to get ILR or otherwise they may qualify in August 2023 (10 Years Long Residence).

Correct me if I am wrong as I am also in the same situation and my family has already switched from PBS dependents to dependants of settled person using FLR(M) form.

[secret.simon]

1- Wife will switch from PBS to Spouse Visa with children as dependent (Using salary threshold stuff)

Only necessary if the main applicant's ILR was based on Long Residence.

If the main applicant's (in this case, the OP) ILR was based on PBS, there is no requirement for the wife or children to switch to FLR(M). They continue as PBS dependents until they are granted ILR as PBS dependents, even if the main applicant had already been granted ILR and British citizenship.

In this case, the OP seems to have acquired ILR through the PBS route and therefore his wife and children continue on that route until they are granted ILR.