ILR dependant over 18 application on hold

[alvn81]

Hi,
I was granted ILR last year (2025) after 5 year in a Tier-2 visa. My son that arrived the UK in 2021 when he was under 18 and had his dependant visa extended until 2028.

I have applied for his ILR after he met the 5 years period, English Language and Life in the UK requirements, as he his still my dependant and over 18 years, I thought we had everything needed to get ILR. However, we have received an email from Home Office indication his application has been placed on hold indicating:

We can see that your mother has not made an Indefinite Leave to Remain (ILR) application. Both parents must be either applying to settle or are already settled. A child cannot be granted ILR unless both parents have been granted ILR

My wife hasn't applied for ILR yet because she hasn't met the language requirements

Could you please give any advice? I am afraid that a refused ILR application would affect him in the future or even his current visa status

Many Thanks

[CR001]

Your son can only apply for ILR when your spouse does. He cannot get ILR if she doesn't also apply. The rules are very clear on this for their visa route.

A refusal will NOT have any affect. He simply does not qualify now.

[alvn81]

Thanks for your reply.

Would it be advised to withdraw his application now before Home Office makes a decision?

[lolo2]

I think you can reply UKVI's email saying that the child's mother is not applying for ILR so they can withdraw the application.

The child will remain with his existing visa.