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319J. Requirements for indefinite leave to remain
To qualify for indefinite leave to remain under this route, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(b) The applicant must be the child of a parent who has, or is at the same time being granted, indefinite leave to remain as:
(i) a Relevant Points Based System Migrant, or
(ii) the partner of a Relevant Points Based System Migrant.
(c) The applicant must have, or have last been granted, leave as the child of or have been born in the United Kingdom to, the Points Based System Migrant, or the partner of a Points Based System migrant who is being granted indefinite leave to remain.
(d) The applicant must not be married or in a civil partnership, must not have formed an independent family unit, and must not be leading an independent life, and if he is over the age of 16 on the date the application is made, he must provide the specified documents and information in paragraph 319H-SD to show that this requirement is met.
(e) Both of an applicant’s parents must either be lawfully settled in the UK, or being granted indefinite leave to remain at the same time as the applicant, unless:
(i) The Points Based System Migrant is the applicant’s sole surviving parent, or
(ii) The Points Based System Migrant parent has and has had sole responsibility for the applicant’s upbringing, or
(iii) 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, or
(iv) One parent is, at the same time, being granted indefinite leave to remain as a Relevant Points Based System Migrant, the other parent is lawfully present in the UK or being granted leave at the same time as the applicant, and the applicant was granted leave as the child of a Relevant Points Based System Migrant under the Rules in place before 9 July 2012.
(f) The applicant has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL, unless he is under the age of 18 at the date on which the application is made.
(g) If the applicant is a child born in the UK to a Relevant Points Based System migrant and their partner, the applicant must provide a full UK birth certificate showing the names of both parents.
(h) All arrangements for the child’s care and accommodation in the UK must comply with relevant UK legislation and regulations.
(i) The applicant must not be in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded.
Please note in the printed version of CM5829 these points appear in error numbered as an alternative version of 316D (iii) and (iv).
There are no absence criteria for kidsas_711 wrote: ↑Wed Feb 13, 2019 8:40 pmThank so much for swift reply.
But if 2nd parent has excess absence so his /her ILR will be rejected as per rule. What about children as they are within absence policy. Will case worker will reject children ILR also or will be granted ILR under PBS dependent route despite of 2nd parent rejection..
Yes, it is very confusing.as_711 wrote: ↑Sun Feb 17, 2019 9:49 pmThanks sir for your reply. Just one last question as new ILR absence policy is really hurting my case as was not aware of this before. I came to know this change through this Forum only.
• Our first entry in UK was on 10 July 2018 therefore our grant period start from the same date and 5 years will be completed on 9th July 2023.
• However, we want to apply ILR application on 1st October 2023 covering the five year back dated period from 1st October 2023 to 1st October 2018 as during this period my absence is under control (less than 180 days). That also will be before the expiry of Tier-1 extension that likely will be expired on 10th October 2023.
• That’s why I had mentioned in my above post that ILR application will be submitted before the end of extension period. The ILR period will be from 1st October 2018 to 1st Oct 2023 instead of period from 10 July 2018 to 9 July 2023 whereas the extension will likely will be expired on 10th October 2023.
Forwarded for your kind comments if the way of calculation is correct and in case of any issue by adapting/following the above mentioned patron?
I am really sorry for asking such confusing question but will helped me a lot.