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My son’s ILR application applied along with mine was refused for the following reason:
Your Application Has been considered under Paragraph 319J of the Immigration rules.

(e) Both of an applicant’s parents must either be lawfully settled in the UK, or being granted indefinite leave to remain at the same time as the applicant, unless:
(i) The Points Based System Migrant is the applicant’s sole surviving parent, or
(ii) The Points Based System Migrant parent has and has had sole responsibility for the applicant’s upbringing, or
(iii) there are serious and compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made for the applicant’s care, or
(iv) One parent is, at the same time, being granted indefinite leave to remain as a Relevant Points Based System Migrant, the other parent is lawfully present in the UK or being granted leave at the same time as the applicant, and the applicant was granted leave as the child of a Relevant Points Based System Migrant under the Rules in place before 9 July 2012.
“ It is noted that your Father <name> has been granted Indefinite Leave to remain and your mother has limited leave to remain in the United Kingdom.
Therefore both of your parents are not lawfully settled in the UK and it is not accepted that you meet any of the requirements of Paragraph 319J as you do not meet the requirements of 319J(e)
Your application is therefore refused under the Paragraph 319J as you do not meet the requirements of 391J(e).”
Question: We have noticed that the reason mentioned is ‘both parents not lawfully settled’ but the rule (iv) talks about lawful presence. Could someone please confirm if our understanding is right and if we could apply for admirative review on this.

How old is the child?

Did the child get an entry clearance visa with your wife in 2014 when she returned to the UK? If yes, then the child follows the same path as the mother.

vsk106 wrote:Question: We have noticed that the reason mentioned is ‘both parents not lawfully settled’ but the rule (iv) talks about lawful presence. Could someone please confirm if our understanding is right and if we could apply for admirative review on this.

vsk106 wrote:(iv) One parent is, at the same time, being granted indefinite leave to remain as a Relevant Points Based System Migrant, the other parent is lawfully present in the UK or being granted leave at the same time as the applicant, and the applicant was granted leave as the child of a Relevant Points Based System Migrant under the Rules in place before 9 July 2012.

Rule(iv) makes transitional provision for children who had earlier been granted leave under the Rules in place before July 2012.

If your child accompanied the mother in 2014, by definition, rule (iv) does not apply.

As CR001 has mentioned, the general rule for children born outside the UK is that their immigration status follows that of the less-privileged parent. The child is eligible to apply for ILR when the second parent (in this case, the mother) applies for ILR.

Had the child been born in the UK, he could have been directly registered as a British citizen immediately on your acquisition of ILR.

CR001 wrote:How old is the child?

Did the child get an entry clearance visa with your wife in 2014 when she returned to the UK? If yes, then the child follows the same path as the mother.

Thanks for your reply with valuable information.

How old is the child?
My kid born on outside UK and he is 3.5yrs old now.

Did the child get an entry clearance visa with your wife in 2014 when she returned to the UK?
yes

My wife first entered to UK on Jan 2013 as T1(General) dependent and she spent outside UK during maternity period (Feb 2013 to July 2014) and kid born outside UK and she reentered to UK july 2014 along with son.

Also could you please let me know when my wife and kid eligible for ILR.

They will be eligible for ILR in 2019 once they have been resident in the UK for 5 years since she applied for a new entry clearance visa in 2014.