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I am on a Tier 2 visa and going to apply for ILR in July. My wife was on a student visa and my son, born in tje UK (he is 5 years old now) was her dependent. I changed both my wife's and son's status to Tier 2 dependent about two year ago. Can I apply for my son's UK passport? I still have a Tier 2 visa until 2019. Can I only apply for ILR and leave my wife as a Tier 2 dependent?

If not, can I apply for ILR dependent after getting my ILR status?

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  • I would suggest that you apply ILR for yourself first with your wife and son as dependents. They are currently not eligible for ILR.
    – The Last Word
    Jun 12, 2018 at 19:38

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Based on just what you wrote, your son is not a UK citizen and would have to go through the process of naturalising before you can get a UK passport. In the UK only children born to (a) citizens or (b) people with indefinite leave to remain are automatically citizens by birth, save some rare circumstances that don't apply here. Thus before your son can gain UK citizenship, you or your partner will need ILR and or settled status, and you will need to go through the application process. See https://www.gov.uk/apply-citizenship-indefinite-leave-to-remain/apply-for-your-children

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You should consider using a solicitor with immigration expertise. Your case is somewhat complicated but the potential cost of making a mistake in this application is quite high and so, I think, justifies the extra cost of using a solicitor.

Edit: this question just resurfaced. To answer one point, your son is not yet a citizen and you cannot apply for a UK passport for him until he is.

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