ILR for Child Born Outside the UK

Blog Article

Applying for Indefinite Leave to Remain (ILR) in the UK can be a complex and often emotional process, especially when it involves a child born outside the country. At Axis Solicitors, we understand how vital it is for families to remain together under secure legal status. This blog breaks down the eligibility criteria, application process, documentation requirements, and the role of legal representation in securing ILR for child born outside the UK.

Understanding ILR and Why It Matters for Children

What is Indefinite Leave to Remain (ILR)?

Indefinite Leave to Remain (ILR) is a form of permanent residency in the UK. It allows individuals to live, work, and study in the UK without immigration restrictions. ILR holders can eventually apply for British citizenship, subject to meeting eligibility requirements.

ILR for child born outside the UK is often a critical step toward long-term security and integration into life in the UK. Without ILR, their right to access public funds, education, and healthcare may be limited. It can also affect their ability to travel freely in and out of the UK.

Why Does ILR Matter Specifically for Children Born Outside the UK?

Children born abroad may not automatically inherit their parent’s UK immigration status or nationality. Depending on their immigration history, legal guardianship, and family situation, they may need to apply separately for permission to settle in the UK.

This is especially relevant in cases where:

The child’s parents are settled or are British citizens

One or both parents are on a route to settlement

The child is joining a parent already in the UK

The child is part of a blended or complex family structure

Without ILR for child born outside the UK or another valid form of residency, a child may face future issues with their legal status, access to education, and opportunities as they grow up.

Eligibility Criteria for ILR for Child Born Outside the UK

Eligibility for ILR for child born outside the UK depends on several factors, including the immigration status of the parents, the child's age, length of residence in the UK, and the immigration route followed.

Here’s a summary of the key eligibility criteria:

Eligibility Factor	Requirements
Age of Child	The child must usually be under 18 years of age at the time of application.
Parental Status	At least one parent must be either settled in the UK (holding ILR) or a British citizen.
Residence in the UK	The child should be living with the parent(s) in the UK. In some cases, exceptions may apply if the parent is planning to bring the child to join them.
Immigration Route	The child must be on a valid visa route that leads to settlement (e.g., as a dependant under the family visa route, or under Appendix FM).
Continuous Residence	If the child has lived in the UK for a specified period (usually 5 years), they may qualify under long residence rules or as dependants of settled parents.
Best Interests of the Child	The Home Office must consider the best interests of the child in all decisions, particularly when they have lived most of their life in the UK.
Good Character Requirement (usually 10+ years)	Not required for children under 10, but relevant if applying for British citizenship after ILR is granted.
No Breach of Immigration Laws	The child must not have breached immigration laws or overstayed (exceptions may apply based on the circumstances and the child's age).

Special Considerations:

Children who were born abroad but have joined their parents in the UK as dependants on a family visa may qualify for ILR after 5 years of continuous lawful residence.

In some cases, children may be eligible for ILR earlier if both parents are already settled or British citizens.

Routes to ILR for Child Born Outside the UK

The route a child takes toward Indefinite Leave to Remain depends on their circumstances and those of their parents. The most common legal pathways include family-based ILR application for settlement routes, long residence, and discretionary applications in exceptional cases.

Here’s a pathway of the main routes:

1. Child Dependant Visa under Appendix FM

ILR for child born outside the UK can be applied as dependants of a parent when:

Is already settled in the UK (holding ILR or British citizenship)

Is applying for ILR and the child is included in their application

Key Requirements:

The child must live with the parent or have serious reasons preventing that.

Both parents must be in the UK or there must be strong justification for the child joining only one parent.

The family must show adequate accommodation and financial means without public funds.

This is one of the most commonly used routes and typically leads to ILR after 5 years of lawful residence in the UK.

2. ILR as a Child of a British or Settled Parent

If one or both parents already hold ILR or British citizenship, and the child is already in the UK, they may be eligible for immediate settlement if:

They hold valid leave as a dependant

The family unit is maintained

They meet suitability and eligibility requirements under Appendix FM

This route may lead to immediate ILR rather than waiting for a qualifying period.

3. 10-Year Continuous Residence Route

If a child has spent 10 years continuously in the UK, even if born abroad they may qualify for ILR under the long residence rules.

4. Discretionary Leave and Human Rights-Based Applications

Children without standard visa pathways may still apply under Article 8 of the European Convention on Human Rights (right to family and private life), especially if:

They have spent most of their life in the UK

Removal would be unjust or contrary to their best interests

These applications are complex and assessed on a case-by-case basis. Legal representation is highly recommended.

5. Transition from Leave to Remain to ILR

Children who entered the UK on a family visa or other temporary status may transition to ILR after completing the required period of residence, often:

5 years under the standard route

10 years under the long route (usually in human rights-based or discretionary cases)

Application Process for ILR

Applying for ILR for child born outside the UK involves a structured legal and procedural framework. Each stage requires precision, especially when compiling evidence and presenting the family’s case. Here is a detailed overview of the process.

Step 1: Confirm Eligibility and Route

Before anything else for ILR for child born outside the UK, determine:

The correct immigration route the child qualifies under

Whether both or one parent is settled or applying for settlement

If the child has accrued sufficient continuous lawful residence (5 or 10 years)

Step 2: Gather Supporting Documents

Child’s current copyright and BRP.

Proof of parental relationship

Evidence of parental immigration status

Proof of residence in the UK

Financial evidence

Proof of sole responsibility

Step 3: Complete the Online Application

Form SET(F) – for children applying on their own

Form SET(M) – for children applying alongside a parent

Form FLR(FP) – for human rights and discretionary applications (which may eventually lead to ILR after 10 years)

Step 4: Pay the Application Fees

Fees can vary depending on the type of application. As of 2025, the application fee for ILR for child born outside the UK for dependants is approximately £2,885 per child. Additional costs may include:

Biometric enrolment fee

Immigration Health Surcharge (IHS) – not usually required if applying for ILR

Legal representation (if applicable)

Fees are non-refundable, so it’s crucial the application is complete and accurate.

Step 5: Book and Attend Biometric Appointment

After submitting the application for ILR for child born outside the UK, the child (and parent, if needed) must attend a biometric enrolment appointment at a UKVCAS centre. This involves fingerprinting and taking photographs.

You must take all original documents to this appointment for verification.

Step 6: Wait for a Decision

The Home Office typically processes the applications for ILR for child born outside the UK within 6 months, though some cases take longer depending on complexity. Priority and super priority services may be available at extra cost.

During this period:

The child must remain in the UK

Travel should be avoided

Additional documents may be requested

Step 7: Receive a Decision and BRP

If successful, the child will receive a decision letter and a new Biometric copyright (BRP) indicating their ILR status. This allows them to:

Remain in the UK permanently

Study without restriction

Work when they reach legal age

Apply for British citizenship

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ILR FOR CHILD BORN OUTSIDE THE UK

ILR for Child Born Outside the UK