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No, the immigration rules state very clearly that the children will get ILR when both parents are applying or one already has ILR and the other is applying.2.Should I apply now for my elder son as dependent of father or mother before he turns 18 ?
No. What 'humanitarian grounds'?? He has a valid visa. He has not been asked to leave the UK. His ILR was simply rejected as he didn't qualify as clearly stated in the Immigration rules.3.Is there anyway I can take this to court and ask for ILR for kids on humanitarian grounds?
Yes, he can extend his pbs dependent visa provided is is not living an independent life.