My son’s ILR application applied along with mine was refused for the following reason:
Your Application Has been considered under Paragraph 319J of the Immigration rules.
(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.
“ It is noted that your Father <name> has been granted Indefinite Leave to remain and your mother has limited leave to remain in the United Kingdom.
Therefore both of your parents are not lawfully settled in the UK and it is not accepted that you meet any of the requirements of Paragraph 319J as you do not meet the requirements of 319J(e)
Your application is therefore refused under the Paragraph 319J as you do not meet the requirements of 391J(e).”
Question: We have noticed that the reason mentioned is ‘both parents not lawfully settled’ but the rule (iv) talks about lawful presence. Could someone please confirm if our understanding is right and if we could apply for admirative review on this.
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