ILR for child born outside UK
In the UK, ‘indefinite leave to remain’ (ILR) grants the holder permanent settlement status. This means that, if you have indefinite leave to remain, you can settle permanently in the UK, where you can live, work, and study. You may also be eligible for UK citizenship.
For children born outside of the UK, indefinite leave to remain is often still an option. However, 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
ILR Eligibility Requirements for Child Born Outside the UK
The eligibility criteria for indefinite leave to remain will depend on the route which the child is taking.
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.
What documents are required to prove eligibility 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
Comprehensive immigration advice tailored to your circumstances and goals.
Application Package
Designed to make your visa application as smooth and stress-free as possible.
Fast Track Package
Premium application service that ensures your visa application is submitted to meet your deadline.
Appeal Package
Ensure you have the greatest chance of a successful appeal. We will represent you in any case.
The Advice Package
During this untimed Advice Session with our professional immigration lawyers in London, you will receive our comprehensive advice, completely tailored to your needs and your situation.
The Application Package
With our Application Package, your dedicated immigration lawyer will advise you on your application process and eligibility. Your caseworker will then complete and submit your forms to the Home Office on your behalf.
The Fast Track Package
Our Fast-Track Application Package is a premium service for those who need to submit their application in time with their deadlines. Your case will become a top priority for our lawyers and you will benefit from our highest-quality services.
The Appeal Package
By choosing our Appeal Package, you can rely on our lawyers’ legal knowledge and experience to ensure you have the highest chance of a successful appeal. We will also fully represent you in any hearings/tribunals.
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.
Legal Disclaimer
The information provided is for general informational purposes only and does not constitute legal advice. While we make every effort to ensure accuracy, the law may change, and the information may not reflect the most current legal developments. No warranty is given regarding the accuracy or completeness of the information, and we do not accept liability in such cases. We recommend consulting with a qualified lawyer at Total Law before making any decisions based on the content provided.