Indefinite Leave to Remain Application with Dependent Child

Hi All

Arrived in the UK on a spouse visa to a british citizen on my own April 2019
I have a dependant son from my previous marriage whom i initially left back home to come and settle in before applying for him to join. Due to covid, we didnt end applying for him to join us until later on. He joined me and my husband until Nov 2023 (his application was initially refused stating we didnt prove that i had sole parental responsibility but was granted on appeal). He is 14 now. His father and i are divorced and i have been offered full parental responsibility (stated on the divorce certificate) - his father (my ex husband) has also agreed to a court endorsed document to show that i have full parental responsibility and he did not object to my son moving to the UK to live with me and my husband.

When my son was issued his visa, it was based on mine and he had the same visa expiry date as mine (oct 2024) which is the end of my 2nd 33 month month spouse visa as i'm on the 5 year route. Even though my visa hasn't expired yet, i thinking of applying for ILR as i have now met the 5 year period come April 24. My husband and i are still married and we still live together with my son.

My question is, can my son be added to my ILR application even though he's only been here for 5 or so months? as his visa is dependent on mine? reading this page from the .gov site, there is no mention of a minimum time limit for him to apply for ILR - https://www.gov.uk/indefinite-leave-to- ... amily-visa and we seem to meet all the other creteria.

But the UK call centre seem to think he will need to have spent 5 years before he can apply for ILR. We've rung twice, the first person said he could apply with me and the 2nd person said he will have to wait 5 years to be able to apply? so contradicting information really.

Are there any solictors or immigration experts or anyone here that's had a similar experience with this topic that can help please?

Many thanks in advance.

Children do NOT have a minimum residence requirement for ILR, they settle when both parents settle. If you brought your child here then that means the UKVI agreed with the sole responsibility, so simply add the child to your SET(M) application and you should be all good.

Thank you a bunch for your reply

Its as i thought but glad to have a 2nd opinion. Many thanks