ILR FOR PBS CHILD WHEN FATHER IS NOT IN UK

HI

My cousin was granted Tier 1 Entrepreneur along with her husband and son. Now she is due for ILR. The child is 20 years old now .Her husband did not live in the UK and mostly absent from UK .He is is in India. Child is living with her for last 5 years .At the time of application partner will not be in the UK for dome personal reasons. She does not have sole responsibility

1- She wants to apply for ILR for herself and her son. We read online that both parents should be present in order to apply for child ILR. In her situation ,she is only in the UK and will apply for ILR in December 2021.
will it be ok if she apply for her son ILR at the same time ? when husband is not there

2- Child is over 18 will he needs to submit separate application for ILR

i have found on web page in the Paragraph 319H(f) reason of refusal
Both of the applicant’s parents are not in the UK and the
lead applicant is not their sole surviving parent, does not
have sole responsibility for their upbringing and there are no
serious or compelling family considerations.

Both parents must be settled (or about to be settled) for her son to get ILR. The son follows the immigration path of the less privileged parent, in this case, the father.

Basically mother is the main applicant and father has PBS dependant visa. Father has spent most time out of the UK and will not eligible for ILR due to his absence.In this situation when mother the main applicant is eligible for ILR but father is not eligible then what kind of leave child is entitled ?

also child is over 18 will it make any difference ?

See also ILR for child above 18 - Sole Parent In UK.

Thank you Vinny it was great help.
In regards to sole responsibility there is an issue .The mother is in London and the child is in Glasgow for the purpose of his degree from the university .Child is renting a property but mother is paying rent,fee and fulfilling his other f needs. She regularly pays him visits and he does the same . The child is fully supported by the mother .

1- Will this make any issue for sole responsibility if child is not living with mother due to his studies ?
2- Will it be considered as if he is living independent life?

Will mother and son both needs to apply separately for ILR ?

any help???

Should be okay. Living at/near university is permitted.

Apply together. Don’t forget KoLL for both.

Include evidence of sole responsibility, etc.

Thank you Vinny

One last thing .....in above situation ,when mother claims sole responsibility for child and both are granted ILR then will father still eligible to make an application for extension as a dependent ??

If he satisfies the requirements, then yes.

Thanks Vinny.you are a star .I am still confused with sole responsibility issue as discussed above r. When the mother and father are legally married even husband is not living with wife for last few years but they are not divorce and still in genuine relationship only living apart , will mother still claim for sole responsibility ???

do you think if she claim sole responsibility it will affect husband further visa applications?

I think Sole responsibility may be a choice for parents, independent from their subsisting and genuine relationship between themselves?

Else, both father and son may continue to extend in-time for at least twice? Then, when eligible, son may apply for ILR under Long residence.

Thank you do much Vinny .I am now clear for next steps .

I have another question

if family apply for ILR 28 days before using the premium service (where HO will give decision in 5 days ),then if husband and son ILR refused what will happen as they will still have PBS leave to remain which will be still valid at the time of refusal.
Will HO will curtail or cancel their PBS leave ? ot son and father will be overstayer? or they will be able to extend PBS dependent leave ?

The dependent visas are NOT cancelled if ilr is refused!!

Thank you