Can child get visa if denied ILR if parent is allowed ILR

[Jaykal]

Hi,

This is a hypothetical question

My friend has applied for her ILR with her 2 children.

She has no reason not to be granted ILR but 1 of her children was convicted of an offence earlier this year so this child may not be granted ILR based on the good character requirements although he has been making amends since there is still the possibility he will be refused ILR in which case she will appeal the decision (if allowed) and if refused again he will go back to his home country because he will be 18 by this time

Her other son (15) had a couple of run-ins with the law also but no charges have been brought against him so I think his case is stronger (having read the good character guidelines) but I imagine there is still the chance he could be refused based on having been questioned by the police.

My friend moved away from her previous area and away from the negative influences on her children and since then they have become different children but this does not deter from the fact they have both had issues in the past which may affect the ILR applications

I understand that my friend could still get an ILR even if her children don't. In the guidelines it states:
An application will not normally be refused based on the actions of the person’s child or children. This includes where the person’s child has been convicted of a criminal offence, issued with an anti-social behaviour order (ASBO) or comes within the other categories listed in this guidance.

So if the case arose where she got an ILR and her children didn't, could her 15 year old remain under another visa type or would it be the case that because he was refused an ILR he will be refused all other VISA applications which would allow him to remain in the UK. Obviously this is an important fact because she cannot ship her son off to his home country if his application is refused so would like to know the facts around this situation.

Any advice would be greatly appreciated?

Thanks.

[zimba]

This all depends on the nature of the offence. Not all offences affect ILR. An offence is only relevant for ILR if it is recorded on your criminal record. The child can extend the current visa depending on the rules of the rules they are under. These all depend on the details of their circumstances

[Jaykal]

Thank you for the response.

I will pass on the information.