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

Document Checklist for ILR

A strong application is only as good as the documents backing it. When applying for ILR for child born outside the UK, every piece of evidence must be consistent, verifiable, and relevant to the eligibility criteria. Below is a structured checklist of required and supporting documents.

1. Identity and Immigration Documents

Valid copyright

Biometric copyright (BRP)

Immigration status documents

Previous visas or entry clearance documents

2. Proof of Relationship

Full copyright

Adoption Certificate

Parental responsibility evidence

Affidavits or letters from the other parent

3. Proof of Residence in the UK

It’s important to demonstrate the child’s presence and life in the UK. Documents may include:

School attendance letters or reports

NHS registration letters

GP visit records

Child benefit or tax credit letters

Utility bills or tenancy agreements

4. Financial and Accommodation Evidence

To show the family can maintain and accommodate the child without recourse to public funds:

Payslips

Bank statements

Employment contract or letter from employer

Tenancy agreement or mortgage documents

Council tax bill or utility bills

5. Educational or Integration Evidence (Optional but Helpful)

Letters from teachers or headteachers confirming attendance and integration

Community involvement letters

Statements of support from mentors or carers

6. Legal Documents (if relevant)

Court orders

Previous refusal letters

Human rights documentation

7. Cover Letter or Legal Representation Statement

While not mandatory, a cover letter outlining the basis of the application helps the Home Office caseworker understand the family’s situation. If represented by Axis Solicitors, we provide a detailed legal summary that anticipates potential questions or objections.

Common Reasons for Refusal

Even when a child appears eligible for ILR for child born outside the UK, applications can be refused for reasons that are often avoidable. Understanding these risks can help you proactively address potential issues before submission.

1. Insufficient Documentation

Problem:
One of the most common causes of refusal is a lack of evidence or poorly presented documents. This includes:

Missing copyright

Incomplete financial records

Lack of proof of continuous residence

2. Wrong Application Form or Route

Problem:
Parents may complete the wrong form or apply under an incorrect immigration route, especially when multiple family members have different statuses.

3. Inconsistencies in Information

Problem:
Discrepancies between forms, supporting documents, and immigration history (e.g. different names, addresses, or dates) can raise red flags and lead to refusal.

4. Parental Status Not Clearly Established

Problem:
If the Home Office cannot confirm that one or both parents are settled or British, the child’s application may be refused due to unclear eligibility.

5. Failure to Demonstrate Best Interests of the Child

Problem:
In human rights-based or discretionary applications, failure to show that remaining in the UK is in the child’s best interests can result in a refusal.

6. Unlawful Stay or Gaps in Residency

Problem:
Gaps in lawful residence, especially for long residence applications (10-year route), can disqualify a child from ILR.

7. Lack of Legal Representation in Complex Cases

Problem:
Where the child’s case involves discretionary elements, family separation, or previous refusals, a lack of legal guidance can lead to poorly structured applications.

Frequently Asked Questions (FAQs)

1. Can a child born outside the UK automatically become British if their parent is a British citizen?

No, not automatically. A child born outside the UK to a British citizen may acquire British citizenship by descent, but this depends on how the parent acquired their citizenship. If the parent is British “otherwise than by descent” (e.g., naturalised or born in the UK), the child may be eligible. In other cases, the child will need to apply for ILR first and then register as a British citizen.

2. Can my child apply for ILR for child born outside the UK if only one parent is settled or British?

Yes. The child may still be eligible for ILR if only one parent holds ILR or British citizenship. However, the Home Office will want evidence that:

The child resides with that parent

The other parent consents or has no objection

There’s sole responsibility or serious reasons for the child living in the UK

3. My child has lived in the UK for over 7 years – does that help?

Yes. Under Article 8 and Home Office policy, children who have lived in the UK for 7 years continuously and where it would be “unreasonable to expect them to leave” may qualify for limited leave to remain on human rights grounds. This can lead to ILR after 10 years of residence under the long residence route.

4. What if my child was born abroad while I was already settled in the UK?

If you were settled (i.e., held ILR or British citizenship) at the time of the child’s birth, and you were living in the UK, the child may be eligible to register as a British citizen upon entering the UK. Alternatively, they can enter as a dependant and apply for ILR for child born outside the UK.

5. How long does it take to get a decision on a child’s ILR application?

The standard processing time for ILR applications is up to 6 months. However, delays can occur if:

The case is complex

Additional evidence is requested

There are background or security checks

Priority services may be available in certain routes.

6. What happens if my child’s application is refused?

If refused, the decision letter will explain the reasons and whether you have a right to:

Administrative Review

Appeal

Judicial Review

It’s essential to act quickly within the deadline. At Axis Solicitors, we can assess your options and help you challenge an unfair refusal.

7. Can my child travel while the ILR application is pending?

No. The child should not travel outside the UK while the ILR application is pending. Doing so will result in the application being treated as withdrawn, and fees may not be refunded.

8. Is there a minimum income requirement for child ILR for child born outside the UK applications?

Yes, if applying under the Appendix FM route, financial requirements apply. For a child joining one parent, the sponsor must meet the minimum income threshold or provide adequate evidence of savings and maintenance. For other ILR routes, such as long residence or discretionary grounds, income requirements may not be relevant.

9. Do I need legal help to apply for ILR for my child?

While not legally required, professional legal assistance is strongly advised. Child ILR cases often involve sensitive considerations like parental responsibility, residency history, and human rights. A solicitor ensures the application is accurate, supported, and compelling — improving the chances of approval.

10. What are the next steps after my child gets ILR?

Once granted ILR for child born outside the UK, your child:

Can remain in the UK without immigration restrictions

Can access public funds

Can study, work, and travel freely

May be eligible to apply for British citizenship after 12 months

Ready to Secure Your Child’s Future in the UK

Applying for ILR for child born outside the UK is a sensitive process that involves more than just ticking boxes. It's about giving your child the security, stability, and rights they deserve — whether that means access to education, healthcare, or the opportunity to one day call the UK their permanent home.

We at Axis Solicitors understand what’s at stake, and we work with care and precision to get it right the first time.

Contact us today to schedule a confidential consultation and take the first step towards securing ILR for your child.

Your child’s future in the UK starts with the right legal partner.

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ILR FOR CHILD BORN OUTSIDE THE UK

ILR for Child Born Outside the UK