Child ILR (PBS) Sole Resp

[Kap2020]

Dear Forum Gurus,
I wish you a very Happy New Year 2020.
I am a Naturalized (Tier-1 General route) British citizen and I wish to ask for your guidance on ILR application for my dependent Child (son 14.5 years old), as his mother (wife-separated) lives in India. Our Immigration history is as below.
Main PBS Applicant (Myself)
- Came to UK in July 2011 as Tier-1 General PBS Migrant (visa granted Aug2009)
- ILR Granted in Jan 2017, Citizenship granted in June 2018

Child (son -14 years now - born June 2005 in India)
- Came to UK as Tier-1 dependent in April 2013 (visa upto Aug 2014), went to India in July 2014
- Visa renewed in India as Tier -1 dependent (on 05 Aug 2014 -within 15 days) - came to UK in end Aug 2014
- Visa renewed in UK as Tier -1 dependent in Aug2017 - valid upto Aug 2020
- is studying in UK schools since June 2013, continuing for GCSE2021

Problem statement is that my son's ILR application is based on sole parental responsibility. Details are that my ex-Wife (child's mother) was in UK from April 2013 to June 2019, but she developed mental health issues and our relationship broke down in August 2018, after she abused our son and filed false police complaints of domestic violence against me ( to blackmail me for excessive Money demands). Social services were involved and my son (13 years in Oct2018) told Social worker that he wants to stay with me. Police informed My son's school to not allow his mother to contact him.
My wife's visa was valid till Aug2020, but it was curtailed in May 2019 due to relationship breakdown, she went back to India and is living there since end-June-2019.

My son has been staying with me and I am his sole carer since Aug-2018. We (me and son) have NO telephonic contact with my wife and I have been separated since Aug-2018.

Home office has all the history of my wife's Tier-1 dependent Visa from April2013-Aug2014-Aug2017-Aug2020 and Visa curtailment in May 2019. My wife later also tried to get an ILR through Domestic violence application, but apparently failed and left UK in Jun-2019. But I canot get all these records from Homeoffice via SAR, as these pertain to my ex-wife.
I donot have a Custody order for my son, as Litigation in India will take 7-10 years to finalize divorce and custody orders. I do have the records from the Oct2018 Social worker's case history and her decision to allow son to stay with me.
I donot know if it can help if my son (14.5 years old) can give interview to HO Case-worker.

Apologies for the long read, Kindly advise what documents would be needed for ILR application for my son, do I need to prove sole parental responsibility.

[zimba]

The proof of 'sole responsibility' is complicated and not straightforward. You need to prove you are the one making all the important decisions and indeed have sole responsibility and your spouse is not involved at all. You may need to provide as much evidence as possible

See: https://www.freemovement.org.uk/sole-re ... desirable/

[vinny]

Social services were involved and my son (13 years in Oct2018) told Social worker that he wants to stay with me. Police informed My son's school to not allow his mother to contact him.

....I do have the records from the Oct2018 Social worker's case history and her decision to allow son to stay with me.
I donot know if it can help if my son (14.5 years old) can give interview to HO Case-worker.

Evidence from Social Services, police and school, etc., should support your claim of Sole Responsibility.