Applying for Indefinite Leave to Remain for a Child

• You may sponsor a child you had with your dead civil partner, wife or husband.
• You might also be able to sponsor the child if both of the following apply:
  • You are related to them
  • You may become a sponsor to a child if there’s proof for a situation why they should be allowed to come to the UK – it could be because there is no other person to look after them anywhere else.

You will need to submit the following documents in support of a ILR application for a child :

• Birth certificate of the child
• Passport of the child (if available)
• Proof of 7 years of continuous residence in the UK
• The information that explains periods of absence (any time spent outside the UK).

You are required to prove that you earn enough weekly income to cater for the child properly. This assessment is known as the ‘adequate maintenance’ test.

To assess your adequate maintenance, you should familiarise yourself with the government-stated weekly income standards for ILR for a child’s sponsor. Compare this with your current income and make an informed decision.

To work out how much income the government says you need each week, add together:

• £77 if you’re single or £121.05 if you live with a partner
• Each child you plan to live with you will cost £70.80. This will be all the children you have in your custody, including the one applying for ILR.
• Housing costs – these are your rent or mortgage payments plus your council tax

When you are working out housing costs, you should not include any part of the costs that will be covered by Council Tax Reduction, Housing Benefits or the housing element of Universal Credit.

You can apply for ILR for a child using the application form SET (F). You must also complete the following steps in order for a child to be granted ILR status:

• Pay the Indefinite Leave to Remain fee (ILR Application Fee)
• Pay the biometric residence permit (BRP) fee
• Book an appointment with your nearest UK Visa and Citizenship Application Services (UKVCAS) service point to provide your biometric information (your fingerprints and a photo).
• Provide documentary evidence as required by UK Visas and Immigration (UKVI).
• Upload the Indefinite Leave to Remain documents online, or you can provide these when you attend your UKVCAS appointment. You may be invited to attend an interview if UKVI requires more information.

If you are unclear about the application process for ILR for a child then reach out to IAS to provide support and advice during the process.

You can expect to receive a decision on your ILR application within 6 months. It is also possible to pay an extra £800 for the ‘super-priority service’, in which case you will receive a decision within 1-2 working days. Alternatively, you can use the ‘priority service’ at the cost of £500 for a decision within 5 working days.

It is important to note that paying for this additional service does not guarantee your ILR application will be approved and it will be subject to the same checks as a standard ILR application.

This is an arrangement for the child of a British citizen or someone settled in the UK to join their parents in the UK. This type of entry clearance has a very high refusal rate. The sponsors in this case are required to establish the sole responsibility for a child. The requirements for the sole responsibility of a child are not quite easy to meet.

For more information about the entry clearance for ILR  application process, including what you need to do to be eligible for it, how to apply, and expert advice for the application, reach out to us today on 0333 305 9375 or contact us online.

Subject to the requirements of Paragraph 297 of the Immigration Rules, indefinite leave to enter the United Kingdom may be granted to a child under 18 years of age where:

• Both parents are present and settled here and are being admitted on the same occasion for settlement or
• One parent is present and settled in the UK, while the other parent is being admitted on the same occasion for settlement as their child
• One parent is present and settled in the UK or is being admitted on the same occasion for settlement. However,  the other parent is dead or
• One parent is present and settled in the country or is being admitted for settlement while having sole responsibility for the child’s upbringing or
• A relative (this includes a parent) who is already living in the UK or is being granted settlement status but there are strong reasons not to refuse the child’s entry. There must be evidence of suitable arrangements having been made for the care of the child.

The Entry Clearance Officer (ECO) must be satisfied from the information and evidence provided to show:

• The child is related to the sponsoring parent(s) as claimed
• The child is under 18 years of age
• The applicant is not married, is not a civil partner or leading an independent life
• There is adequate and appropriate maintenance and accommodation for the child, provided by the sponsor, without recourse to public funds

Your application for ILR as a child may be refused by the Home Office, UKVI. In the event that you believe that the decision to refuse your application is valid and lawful, you may not challenge the outcome. Rather, you have the option to re-apply for ILR as a child within 14 days of your section 3C leave ending.