Child granted indefinite leave to remain — without both parents applying

The problem

A family had been living in the UK on BN(O) visas for five years. The father and son were ready to apply for indefinite leave to remain (ILR). The problem: the mother had spent most of those five years in Hong Kong for work, visiting the UK only occasionally. She did not meet the residence requirements and could not be included in the ILR application. Under the BN(O) route, a dependent child under 18 must normally apply through both parents. How could the son apply without his mother?

Why refusal was likely

The rules on dependent children are strict. Where both parents are alive and involved, the expectation is that a child applies together with both. An application through one parent alone raises a question the Home Office needs answered: where is the other parent, and why are they not applying? If the Home Office cannot be satisfied that the applying parent has proper care and responsibility for the child, the application may be refused.

Our strategy

The answer lay in establishing 'sole responsibility'. This is a legal concept in the Immigration Rules: one parent has assumed full responsibility for the child's upbringing — all decisions about schooling, health and daily life — with the other parent stepping back from that role. We gathered detailed evidence: a signed and notarised affidavit from the father setting out his role; a signed and notarised affidavit from the mother confirming she had handed responsibility to the father; and a formal child arrangement agreement specifying the father's sole care and control. This documentation directly addressed the Home Office's concerns — demonstrating not just that the mother was absent, but that her absence was by arrangement and that the father was the primary caregiver in every sense.

Outcome

ILR granted for both the father and son.

Get in touch

Family applications can become complicated when a family's circumstances do not fit the standard model. We have helped many families in non-standard situations — divorced parents, parents in different countries, parents with different immigration statuses. If your family situation is complex, we can help you find a route that works.