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I am applying for ILR as I am completing continuous 5 yrs in UK. I came alone to UK initially in Jan 2008 on WP and my wife joined sometime later. So I will be applying for my wife too.

However, My son 1st got dependent visa with me & my wife, but later I applied for his study visa. So, he got study visa also and he actually entered UK on study visa. He was less than 18 yrs, when he entered UK. Now, he is 22 yrs. Can I apply for his ILR alongwith me as dependent ?

Thanks

Anyone applying as your dependent Via Set O form needs to be currently on dependant visa where you are the primary. Refer to Immigration rule 319J (c).

And your son being 18+ is another issue altogether.

Why did you apply for a student visa for him when he could have come as your dependent?

You will not be able to include him in your application for ilr - he is not here as your dependent and he is over 18.

Well, I was not even sure, if I will be in UK for 5 yrs when I came in here. So, to enusre that my Son's continuity is maintained, I applied for his student visa. But things as of now are different. I am still here. I understand now that his ILR cannot be applied.