ILR for Tier 1 General Dependant's dad not in the UK

[Nalini]

Hello,

I am a single parent and moved with my son to the UK from Mauritius in March 2009. My son's father lives in Mauritius but is a holder of a french passport. The court allowed me to take my son to the UK without any restrcitions. I will be appyling for ILR if feb 2014, can I apply for settlement for my son as well ? I am just asking because I have seen on the UKBA website that both parents need to be in the UK or need to leave to enter the UK. Given the fact that my ex husband has a french european passport does this statisfy the condition. I have always been on a Tier 1 General visa and I meet all the points requirements to qualify.

Sorry if this looks like a stupid question just want to be sure before applying

Thanks

[vinny]

There's an 'unless' in 319J(e). See also Sole Responsibility.

Moreover, isn't your child with you because 319H(f) (a similar requirement) was already met?