Suit yourself. There are many that have been refused for the children due to the other parent holding a PBS Dependent visa.
The Call centre is outsourced to a third party who are poorly trained, often give out incorrect advice (or don't understand your questions) and take no responsibility for it.
You lose the application fee of £1523 if you go ahead with a child settlement visa.
What you 'think' is irrelevant, the Immigration rules are very clear and that is what HO follows, to the letter.
https://www.gov.uk/guidance/immigration ... ly-members
Children of relevant points-based system migrants or Appendix W Worker
319F. Purpose
This route is for the children of a Relevant Points Based System Migrant or Appendix W Worker who are under the age of 18 when they apply to enter under this route. Paragraph 296 of these Rules applies to children of a Relevant Points Based System Migrants or Appendix W Workers.
319G. Entry to the UK
(a) Subject to paragraph (b), all migrants wishing to enter as the Child of a relevant Points Based System Migrant or Appendix W Worker must have a valid entry clearance for entry under this route. If they do not have a valid entry clearance, entry will be refused.
(b) A Migrant arriving in the UK and wishing to enter as a child of a Tier 5 (Temporary Worker) Migrant, who does not have a valid entry clearance will not be refused entry if the following conditions are met:
(i) the migrant wishing to enter as a child is not a visa national,
(ii) the migrant wishing to enter as a child is accompanying an applicant who at the same time is being granted leave to enter under paragraph 245ZN(b), and
(iii) the migrant wishing to enter as a Child meets the requirements of entry clearance in paragraph 319H.
319H. Requirements for entry clearance or leave to remain
To qualify for entry clearance or leave to remain under this route, an applicant must meet the requirements listed below. If the applicant meets these requirements, entry clearance or leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.
Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and if applying for leave to remain, 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, valid entry clearance, leave to enter or remain, or indefinite leave to remain, as:
(i) a Relevant Points Based System Migrant or Appendix W Worker, or
(ii) the partner of a Relevant Points Based System Migrant or Appendix W Worker.
or who has obtained British citizenship having previously held indefinite leave to remain as above.
(c) The applicant must be under the age of 18 on the date the application is made, or if over 18 and applying for leave to remain, must have, or have last been granted, leave as the child of a Relevant Points Based System Migrant or Appendix W Worker or as the child of the parent who had leave under another category of these Rules and who has since been granted, or, is at the same time being granted, leave to remain as a Relevant Points Based System Migrant or Appendix W Worker.
(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) The applicant must not intend to stay in the UK beyond any period of leave granted to the Relevant Points Based System Migrant or Appendix W Worker parent.
(f) Both of the applicant’s parents must either be lawfully present (other than as a visitor) in the UK, or being granted entry clearance or leave to remain (other than as a visitor) at the same time as the applicant or one parent must be lawfully present (other than as a visitor) in the UK and the other is being granted entry clearance or leave to remain (other than as a visitor) at the same time as the applicant, unless:
(i) The Relevant Points Based System Migrant or Appendix W Worker is the applicant’s sole surviving parent, or
(ii) The Relevant Points Based System Migrant or Appendix W Worker parent has and has had sole responsibility for the applicant’s upbringing, or
(iii) there are serious or compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made in the UK for the applicant’s care.
