ILR with late entry into UK

[coolguycp1]

I entered the UK in Oct 2006. My 5 year work permit expires in Sep 2011 and there is a gap of more than 28 days between the work permit visa issue and my date of entry into UK. However, as the gap is less than 3 months, I am thinking of applying for ILR directly end Aug / early Sep 2011 after reading on this forum regarding new IDI with regards to continuous stay in UK.

I will be applying with my wife for ILR through same day premium service and I am not including my UK born son in my ILR application as I think I can register him for British citizenship straight after I get my ILR. However, he has a Leave to Remain visa which expires at the same time as our visa, i.e., Sep 2011.

I have searched on this forum but I seen only a couple of successful same day ILR cases for people with later entry into UK. If my ILR application is not successful, or worse, retained by UKBA on their discretion of the interptretation of the gap (as told by some solicitors to me after assessing my case), how can I ensure that my son’s visa is extended before his visa runs out? Can I apply for his ILR independently if the worse scenario comes around? Even in that case, since my documents will be retained by UKBA, how will I support his application?

Seniors/mods, your comments will be very much welcome and from those who have gone through this process.

[vinny]

See also Child born in UK.