ILR Eligibility for a Non UK Born Child (20 months)

[Frankel]

Hi all

i am eligible to apply for ILR based on Tier 1 General visa (5 year) in coming months . i had my wife and son (20 months) here in UK as my dependents since january 2014 . My son is not UK born and his visa was issued in november 2013.

I understand that my wife needs to stay here for five years for ILR but slightly confused about my son position. Can i apply for my son with myself for ILR based [1] on below.

Eligibility for children
"Your child can apply if they:
were previously given permission to stay in the UK as your child
aren’t married or in a civil partnership
will live with you and be supported by you without using public funds
You and your child’s other parent must both be in the UK legally, or currently applying to enter, remain or settle, for the child to be allowed to settle.
"

[1]:- https://www.gov.uk/settle-in-the-uk/y/y ... -1-general

any help in this regard will be highly appreciated .

[Frankel]

Q :
My child applied for PBS dependant leave for the first time on / after 09-Jul-12 and my partner is not applying for settlement with me. Can I include the child as a dependant in my settlement application?
A:
No, the child will have to wait until your partner becomes eligible for settlement, to be included in your partner's settlement application as a dependant (319J(e)(iv)).

This info is contradictory to the above guidelines i post earlier

[vinny]

The latter is applicable under 319J.

[Frankel]

Many Thanks Vanny

i believe i had sound understanding of " paragraph 319J of the Immigration Rules"

However very confuse with my first post refrence because it is other way around hence asked for help and clarification .


paragraph 319J of the Immigration Rules
To be granted indefinite leave to remain as the child of a PBS migrant, the applicant must be
the child of either a parent who:
 is, at the same time, being granted indefinite leave to remain as a PBS migrant (for
children granted leave as the child of a PBS migrant under the rules in place before 9
July 2012)
 has been granted, or is at the same time being granted, indefinite leave to remain as
a PBS migrant when:
o that parent is the applicant’s sole surviving parent
o that parent has and has had sole responsibility for the applicant’s upbringing
o 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 - for more information on compelling family considerations,
see related link: 5A.1 – Children – guidance (general)
 has been granted, or is at the same time being granted, indefinite leave to remain as
the partner of a person who has indefinite leave to remain as a PBS migrant
 has been granted, or is at the same time being granted, indefinite leave to remain as
the partner of a person who has become a British citizen (when immediately before
that they had indefinite leave to remain as a PBS migrant)

[vinny]

As child applied for leave after 9 July 2012, then his ILR will be in-line with your spouse's.

[Frankel]

Many Thanks again for clarification .