ILR for Child Born Outside UK

Having indefinite leave to remain in the UK grants the holder permanent settlement status, meaning that they can live, work, and study in the UK without needing to have a visa even if they were not born in the UK.

There are a number of routes through which children born outside of the UK may be eligible for indefinite leave to remain. In particular, if they have a parent who is settled in the UK or if they have been living in the UK for at least 10 years, they may be eligible.

The UK does not grant birthright citizenship. This means that, even if your child was born in the UK, they do not necessarily have British citizenship or the right to indefinite leave to remain. Instead, they will need to satisfy certain eligibility criteria.

Page Contents

• Indefinite leave to remain for child born outside UK
• ILR Eligibility Requirements for Child Born Outside the UK
• What documents are required to prove eligibility for ILR for a child born outside the UK?
• How to apply for ILR for a Child Born Outside the UK?
• ILR application cost for child born outside the UK
• British citizenship and passport for a child born outside the UK
• How Total Law Can Help
• Frequently Asked Questions

The requirements depend on the route, but the following apply to most family-based applications for a child. You will need to meet each one on the date you apply and provide evidence to support it.

Age

Your child must usually be under 18 on the date of the application. A child aged 18 or over can still apply in limited circumstances. They must have held permission as a dependant before turning 18, still be living with their parent or relative, and not be married, in a civil partnership or living independently.

Applicants aged 18 or over must also pass the Life in the UK Test and meet the English language requirement. Children under 18 do not need to do either.

Parent’s Immigration Status and Parental Responsibility

At least one parent must be a British citizen or settled in the UK, or be applying for settlement at the same time on an eligible route. If your child lives with two parents, both must be settled.

The parent can be a biological, legal or adoptive parent. If your child lives with one parent only, that parent will normally need to show they have sole responsibility for the child’s upbringing. A court order, a death certificate for the other parent or written consent from the other parent can all be used as evidence. If your child lives with a relative who is not their parent, you will need to show serious and compelling reasons why they should be allowed to stay in the UK.

Your Child’s Immigration Status and Living Situation

Your child must hold valid permission to be in the UK on an eligible route, such as a family visa or dependant visa. You should apply before that permission expires. If it expires before your child is eligible to apply for indefinite leave to remain, you will need to extend it first.

Your child must be living with their parent, parents or relative, or be about to do so. They must not be married, in a civil partnership or living an independent life. The Home Office may ask for evidence of the living arrangements, for example if your child is at boarding school.

Financial Requirement

You will need to show that your child can be supported without using public funds. This means the household must be able to meet your child’s living costs from its own income, savings or other lawful support.

The government guidance does not set a fixed minimum income figure for a child’s indefinite leave to remain application. The Home Office instead looks at whether the household’s resources are enough to support everyone living there. Public funds are the specific benefits and housing support listed in the Immigration Rules.

The most direct way to show this is with evidence of regular income and savings. This usually means recent payslips, an employment contract and bank statements. If a parent is self-employed, you will normally need tax returns and business accounts.

Accommodation Requirement

Your child must also be accommodated adequately without public funds. The accommodation should be large enough for everyone living in it, should not be overcrowded and should meet basic health and safety standards. When a child applies for entry clearance, the rules refer to accommodation that the family owns or occupies exclusively.

You can usually show this with a tenancy agreement or mortgage statement, together with council tax bills or utility bills showing the address.

Suitability and Residence History

Your child must not fall for refusal under the general grounds in the Immigration Rules, such as providing false information in an application. Criminality is rarely relevant for young children but can apply to older teenagers.

If your application relies on length of stay, as it does for long residence and private life, you will need evidence covering the whole period. Evidence for only the most recent years is not enough.

There are several documents required when applying for indefinite leave to remain for your child. The exact documents will depend on the route and your family’s circumstances, and the online application will tell you what you need to provide. You will usually need to include the following:

Identity and immigration status

• Your child’s current passport or other travel document
• Proof of your child’s current immigration permission, usually their eVisa and share code, or a Biometric Residence
• Permit or visa if they still hold one
• Previous passports and visas covering the qualifying period, if residence history is relevant

Relationship and parental responsibility

• Your child’s full birth certificate showing both parents’ names
• An adoption certificate, if applicable
• Evidence of sole responsibility if your child lives with one parent, such as a court order, a letter from the other parent or a death certificate

Parent’s immigration status

• The parent’s passport, eVisa or indefinite leave to remain document
• A British passport or naturalisation certificate, if the parent is a British citizen
• Evidence of when the parent obtained settlement, if they later became a British citizen

Living arrangements and residence in the UK

• A tenancy agreement, mortgage statement or landlord’s letter showing your child lives at the parent’s address
• School letters or reports covering your child’s attendance in the UK
• NHS or GP registration letters
• Council tax bills, utility bills or official letters addressed to the family at the same address

Financial and accommodation evidence

• Recent payslips and an employment contract or employer’s letter
• Personal bank statements covering the period requested
• Tax returns, business accounts or an accountant’s letter if a parent is self-employed
• Evidence of savings, if you are relying on them
• A tenancy agreement or mortgage documents, with a landlord’s letter confirming the number of occupants if relevant

Long residence and private life applications

Evidence covering every year of the claimed residence, such as school and medical records and official post
For the private life route, evidence that it would not be reasonable to expect your child to leave the UK

Applicants aged 18 or over

• A pass certificate for the Life in the UK Test
• Evidence that you meet the English language requirement or are exempt
• Evidence that you were a dependant before turning 18 and still live with your parent or relative

Other supporting documents

• Court orders or previous Home Office decision letters, if relevant
• A cover letter explaining the basis of the application. This is not mandatory but helps the caseworker understand your family’s situation

All documents must be provided in either English or Welsh. If documents need to be translated, you will need to use an authorised translation service.

For a list of the exact documents which will be required in your own case, contact Total Law today on +44 (0) 333 305 9375.

Applications for indefinite leave to remain can be submitted online, via the UK government website. You will need to make sure you have access to all the required documents at the time of application.

Your child will also generally need to attend an appointment at a UK Visa and Citizenship Application Services service point (UKVCAS) in order to provide their biometric information (their fingerprints and photograph).

Your child will need to be within the UK in order to apply for indefinite leave to remain.

In general, you should expect to receive a decision on the application within 6 months. However, if you pay for the super priority service, you should hear by the end of the next working day after your appointment with the UKVCAS. If your appointment is at the weekend, it may take up to 2 working days.

In order to avoid delays, make sure to correctly submit all of the required documentation and to promptly provide any further evidence which is requested.

In general, it costs £3,226 to apply for UK indefinite leave to remain.

If you choose to pay for the super priority service (mentioned in the previous section) your application will cost an additional £1000

There may also be additional costs associated with your application. For example, in some cases, it may be necessary to pay an authorised translation service to translate your documents into English or Welsh.

Some applicants also choose to pay for legal services in order to assist with their application. At Total Law, we offer a range of services to ensure that your application runs as smoothly as possible. Contact us today on +44 (0) 333 305 9375 to learn more.

Once your child has had indefinite leave to remain for at least 12 months, they may be eligible to apply for British citizenship. If they are able to successfully obtain British citizenship, they will then be able to apply for a British passport.

Once they have obtained British citizenship, they will gain a number of advantages, such as the right to participate in UK elections and the numerous travel benefits associated with a British passport. Having British citizenship also means that your child will never need to worry about maintaining their legal status within the UK.