Dependents children are not applying the main applicant

[Khial]

Hello everyone
Could someone please answer me the following question?
My wife and two children are on 5 years dependents visa which expires in first week of May 2020. My children (7years and 10years Old) are born abroad before I became BC . We meet financial requirements and language requirements for SET(M) ILR.

Q1: can my wife apply for her ILR super priority service without applying for children at the same time? As we want to save money and time , if she is granted ILR then we can apply for registration for our non UK born children along with my wife naturalisation application as I am BC and she will have ILR?
Q2: In case for any reason their registration is rejected, will they be overstayer? As their visa would have expired or they will still be able to apply for their ILR?

Your advise is much appreciated!
Many thanks

[CR001]

Your children need ILR before they can apply for citizenship as they were born abroad.

Yes they will be overstayers if their visas expire.

[Khial]

Cr001
Many thanks for your super prompt reply.
Please could you advise me on the following?
Q1: can my wife apply for her ILR super priority service without applying for children at the same time?
Regards

[CR001]

Ho will likely delay her application to seek clarity on why the children haven't applied etc. You won't get super priority refund in this case either.

[Khial]

Thanks again.
Would it helps, (using super priority service)if I write a covering letter with the application form stating that I am not applying for the children at the same time as I would like to apply for the registration 3(1) instead of ILR once she is granted ILR. Furthermore, my children current visa would still be valid as I will be applying for my wife ILR 28 days before it expires.

[CR001]

They don't qualify for citizenship without ilr first. I have already stated this.

If you choose to take the risk, applying for citizenship does NOT extend their visas while an application is pending. If their visas expire, they have no legal stay, no free NHS and the older child is already subject to the good character requirement as a 10 year old.

Trying to save money by cutting corners can end horribly.

[Khial]

Hi CR001
I agree with you so probably I apply for all of the them at the same time as the risk is high . Can you please answer the following questions?
Q1: Can I use priority service of £500 for a five day decision? If the case is not decided within 5 days, Is it refundable ?

Q2: Once my children ILR is granted , can I apply for children for registration without waiting for 12 months? As it can be done for spouse? Is it the case with dependent children?

Thanks

[CR001]

Q1. My understanding is that priority service is for PBS work permit route applications. For SET M, you will likely have super priority or standard I week service.

Q2. Yes, you can.

[Khial]

Hello again
Thanks for your guidance and help !
I am about to submit SET(M) 5- years rout form for my wife and daughters. Here is my question.

I have two jobs with variable income with the same employer over a year and earn around 23K annually from both employment.
My wife has a part time job with variable income with the same employer over 7 months and earn 8k annually.

We are combing our income to meet the financial requirements of £24,800.00

What shall we tick for each of us in the following options.
'What do they earn?

(1)The same amount continuously, above the financial requirement amount
(2)The same amount continuously, below the financial requirement amount
(3)Not the same amount continuously, above the financial requirement amount
(4)Not the same amount continuously, below the financial requirement amount '

Your guidance is much appreciated!
Thanks