ILR for Child Born Outside UK
A child born outside the UK may be eligible for Indefinite Leave to Remain (ILR), but the route depends mainly on the child’s age, the parents’ UK immigration status, and how long the child has lived in the UK.
There are numerous rules and regulations which must be satisfied and the process of applying can often be complicated. Contact Total Law today on +44 (0) 333 305 9375 to learn how we can help make the process as smooth as possible.
Indefinite leave to remain 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
- Financial and accommodation requirement for Child ILR application
- 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
"I'm very happy with the standard of training received on the OISC Level 1 course, i passed my exam. Thank you!"
Liam Calvert
Posted 6 years ago
"My application was approved and a huge weight has been lifted from our shoulders this year "
Akeel Lakar
Posted 6 years ago
"We used this service for the spouse visa extension application to assure that all the information was valid and correct."
Nabil Anwar
Posted 6 years ago
Routes to ILR for Child Born Outside the UK
There is no single ILR route for every child born abroad. In some cases, a child can apply at the same time as a parent; in others, they may qualify through long residence or specific family circumstances.
Settled Parent
If your child has a parent with either settled status or British citizenship, they are likely eligible for indefinite leave to remain in the UK.
Additionally, if either parent is applying for indefinite leave to remain, you may be able to include your child as part of your application. In order to be eligible for indefinite leave to remain via this route, the child will need to satisfy a number of eligibility criteria, including the following:
- Be legally residing in the UK as a dependant of a parent or caregiver with legal status
- Be living with that parent or caregiver
- Not be married, in a civil partnership, or living independently
In the case of children whose parent became a citizen via naturalisation, the child must have been the dependent of that parent at the point when British citizenship was obtained.
10 Years (Long Residence) in the UK
Even if neither parent is a British citizen or has indefinite leave to remain, the child may still be eligible for indefinite leave to remain. If the child has been living legally in the UK for at least 10 years, it is likely that they are eligible for UK indefinite leave to remain. In order to be eligible, the child must have continuously resided in the UK during this period.
In the case of children who were born in the UK to non-citizen or permanently settled parents but who have lived continuously in the UK for at least 10 years, this is also likely to be the best route.
Other Routes
If any of the following apply, your child might also be eligible for indefinite leave to remain in the UK:
- Either parent has refugee status or humanitarian protection and the child is a dependant on that parent’s visa
- Either parent is applying for indefinite leave to remain as either a parent or partner via the 10 year route
Financial and accommodation requirement for Child ILR application
In general, parents applying for permanent settlement for their child will need to demonstrate that they are able to adequately financially support their child, without needing to use welfare benefits. This includes being able to provide appropriate accommodation for the child.
Note that, if either parent was a British citizen at the time of the child’s birth, the child is automatically entitled to British citizenship, regardless of financial resources. However, if they were born outside of the UK, they will still need to register as a British citizen, rather than obtaining citizenship automatically at the time of birth.
Required documents for ILR for a child born outside the UK
There are a number of documents which are required when applying for indefinite leave to remain for your child. While the exact documents will depend on the particular route, you will generally require a combination of the following:
- Proof of familial relationship (e.g. birth certificates and other family records)
- Current passport (or other travel document)
- Proof of parent’s immigration status
- Proof of continued residence in the UK (if applicable)
Note that all documents must be provided in either English or Welsh. In cases where 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.
How to apply for ILR for a Child Born Outside the UK?
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.
ILR application cost for child born outside the UK
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.
British citizenship and passport for a child born outside the UK
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.
How Total Law Can Help
Obtaining indefinite leave to remain for your child brings a number of important benefits. It ensures that your child has permanent legal status in the UK without needing to worry about visa renewal. It also provides a route to eventual British citizenship. As such, many UK-based parents choose to pursue ILR for their children.
However, applying for British ILR can be complicated. As such, many applicants choose to obtain legal assistance with their application. At Total Law, we offer a number of packages, and can help with every stage of the process. Contact us today on +44 (0) 333 305 9375 to receive bespoke legal advice and to help ensure that your application runs as smoothly as possible.
Advice Package
Get clear, expert advice on your visa options, eligibility and application before you commit to applying.
Application Package
Let our immigration lawyers prepare, check and manage your application so you can apply with confidence.
Fast Track Package
Need to apply quickly? Get priority handling by our immigration lawyers from preparation to submission.
Appeal Package
Been refused or received an unfavourable decision? Get expert legal help to challenge it or determine your next step.
The Advice Package
During this Advice Session, an immigration lawyer will assess your circumstances, explain your options and tell you what you need to do to make a strong application.
We review your circumstances, explain the relevant requirements, identify potential problems or refusal risks, and advise you on the evidence and next steps.
The Application Package
With our Application Package, your dedicated immigration lawyer will assess your case, prepare your application, check your supporting documents and submit your forms on your behalf.
We check your application for missing information, inconsistencies and potential issues before submission, helping you avoid common mistakes that could affect your case.
The Fast Track Package
Our Fast-Track Application Package gives your case priority with our immigration lawyers, helping you get your application prepared, checked and submitted as quickly as possible.
Your case receives priority handling, including accelerated document reviews, application preparation, communication with your caseworker and submission support.
The Appeal Package
Our immigration lawyers will review the decision, explain why it was refused and advise on the strongest option available to you, including an appeal, review or fresh application where appropriate.
We will examine the reasons for refusal, identify weaknesses or errors, assess your available options and provide the legal support and representation your case requires.
Related pages for your continued reading.
Frequently Asked Questions
If your child was born abroad to a British citizen parent, they are eligible for British citizenship. However, you will need to register them as a British citizen. You can do so online, via the UK government website, and will need to provide evidence of the familial relationship.
If your child was born in the UK to a British citizen parent, they will automatically be a British citizen. However, as the UK does not have birthright citizenship, children born in the UK to non-British parents will need to satisfy additional eligibility criteria.
Your child’s route to indefinite leave to remain in the UK will depend on your immigration status. If they were born outside of the UK but had a British parent at the point of their birth, they will be automatically entitled to British citizenship. In other cases, their route to indefinite leave to remain will depend on your immigration status. To learn the exact requirements in the case of your own child(ren), contact Total Law today on +44 (0) 333 305 9375 to learn more.
Obtaining indefinite leave to remain for your child brings a number of benefits, including the right to live, work, and study in the UK without needing a visa. It also provides a route to eventual British citizenship.
Indefinite leave to remain provides a greater level of security for your child and ensures that you do not need to worry about maintaining their legal status.
Clear, professional guidance.
Get clear, professional guidance for your immigration case.
Call Now Call To Discuss