Client Success: ILR Approved for Applicant & Adult Dependant

by Whytecroft Ford | Mar 25, 2025 | Indefinite Leave to Remain, UK Immigration, UK Settlement

Securing Indefinite Leave to Remain as a Family

Following several years of lawful residence in the UK, a client approached Whytecroft Ford to apply for Indefinite Leave to Remain (ILR) under the partner route. Alongside her application, her son, initially granted leave to enter as a dependant was also applying for settlement, having remained continuously in the UK since arrival as a minor.

This matter involved not only the main applicant’s transition to settled status but also the careful legal positioning of her son’s eligibility as a dependant who had since reached the age of majority.

ILR with Dependant Over 18: Key Challenges

While the main applicant clearly met the criteria for ILR under the five-year partner route, her son’s circumstances required additional legal analysis. Although granted leave as a dependant before the age of 18, he had since turned 21 and needed to demonstrate that he had not formed an independent life, remained financially reliant on his parents, and continued to reside as part of the family unit.

In addition, both applicants were required to meet the standard ILR criteria, including:

Completion of the five-year qualifying period under Appendix FM;
Evidence of adequate accommodation in the UK without recourse to public funds;
Meeting the English language and Life in the UK test requirements; and
Provision of comprehensive financial documentation, evidencing income above the prescribed threshold.

The strength of this application rested not only on meeting the technical criteria but also on the effective presentation of each component in accordance with UKVI’s evidentiary expectations, particularly concerning the dependant’s continued eligibility.

Our Legal Approach: Structured, Evidence-Led Representation

Whytecroft Ford undertook a comprehensive legal review of the clients’ circumstances to ensure that all eligibility requirements were fully satisfied and clearly evidenced.

The application was prepared to demonstrate:

The main applicant’s consistent residence and financial stability;
The dependant’s continuing reliance on his parent, including financial dependency and cohabitation; and
The family’s cohesive living arrangements and long-term integration into the UK.

Where complexities were identified, particularly concerning the dependant’s age and status, a tailored legal representation letter was included to set out the legal basis for his continued inclusion in the application, with direct reference to the relevant Immigration Rules where applicable.

Outcome: Indefinite Leave to Remain Successfully Granted

Following submission, both the main applicant and her dependant were granted Indefinite Leave to Remain. The outcome confirmed their eligibility and brought their five-year immigration journey to a successful conclusion, enabling them to remain in the UK permanently without the need for further extensions.

The dependant, who had completed his higher education in the UK and remained part of the household, was now able to continue his progression into professional life without immigration restrictions.

Client Feedback: Professional, Reassuring, and Efficient

The clients expressed their satisfaction with the service, noting that the process had been handled with a high degree of professionalism and attention to detail. They highlighted the confidence they felt in knowing that their case was being managed competently and in full compliance with the relevant rules.

Why Legal Representation is Critical for ILR with Adult Dependants

This case is a reminder that even straightforward eligibility can be undermined by complex family circumstances without the right legal support.

Age and dependency status must be legally justified – Applications must clearly demonstrate that an adult dependant remains eligible under the Immigration Rules.
Financial and accommodation requirements must be fully documented – Incomplete or unclear evidence can lead to delays or refusal.
Effective legal structuring mitigates risk – Clear presentation and legally supported submissions increase the likelihood of a positive outcome.