Applying for Indefinite Leave to Remain for a Child

Overview of Indefinite Leave to Remain for a Child

A child applying for Indefinite Leave to Remain in the majority of cases would need a sponsor. The sponsors are normally the parents or the person responsible for the child’s welfare. An ILR application costs upwards of £3,029 for a single application.

Before going ahead with the application process, you need to check:

• if you can sponsor your child
• if your child can apply for indefinite leave
• the rules about your income and savings
• that where you live is safe and suitable

Eligibility Requirements for ILR as a Sponsor

You can sponsor your child to apply for ILR if:

• either you or your child’s other parent both have a permanent right to live in the UK
• you both are in the UK, or you are moving to the UK with your child
• you have sole responsibility for your child
• you have a permanent right to live in the UK
• you are the only person responsible for your child’s upbringing and welfare. This usually means your child’s other parent isn’t involved in their life.

You have a permanent right to live in the UK if you have:

• British citizenship
• Irish citizenship – you must be living or have lived in the UK
• Indefinite leave or right of abode
• Settled status under the EU Settlement Scheme

Eligibility Requirements ILR for Dependent Child

For a child that solely depends on their parents or guardians for financial needs and accommodation, below are the eligibility requirements to acquire an indefinite leave to remain:

• The child must be aged 18 years or below to apply for ILR
• The child already living in the UK must have a UK visa to apply
• A child living outside the UK can be over 18 years old
• The child that hasn’t passed the required tests may apply for extra time to live in the UK. This is known as ‘limited’ leave
• The child may continue to live in the UK on a limited leave until they pass the required tests for indefinite leave
• The child is not married or in a civil partnership
• The child was born in the UK and has lived there for up to seven continuous years since birth
• The child is given a visa based on their private life between the ages 18 and 24
• Arrived in the UK as a child
• The child has lived in the UK for five continuous years with a visa
• The child is living in the UK as a dependent on their parents or relatives
• The child plans to live or is presently living with their parent or relative
• The child will be accommodated and supported adequately without the need for public funds

For the child living in the UK on a UK visa, they are required to have parents or sponsors on:

• a partner visa
• a visa as the parent of a child in the UK

In a situation whereby the applicant is older than 18 years, they need to:

• Pass a ‘Life in the UK’ test
• Pass an English language test

Eligibility Requirements for ILR for an Independent Child

A self-reliant child may not have sponsors. For instance, an independent child may be any of the following:

• the child living with a partner
• the child that has left home – unless for study
• the child that is not your biological child or adopted child

Other General Conditions And Eligibility Requirements

• 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.

Supporting Documents for Indefinite Leave to Remain for a Child

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).

What are the Financial Requirements to Apply for ILR for a Child?

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.

Application Process for ILR for a Child

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.

How Long Does it Take to Receive ILR Application Decisions?

You can expect to receive a decision on your ILR application within 6 months. It is also possible to pay an extra £1000 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.

Entry Clearance For Indefinite Leave To Enter (ILE) As A Child Under 18

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 +44 (0)333 414 9244 or contact us online.

Eligibility Requirements for Indefinite Leave to Enter (ILE) as a Child

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

What to do In Case Your Application is Rejected?

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.

What are a Child’s Rights if they Get Indefinite Leave?

Any child that acquires indefinite leave to remain will live legally and indefinitely in the UK. They will have the same rights as UK citizens. These include the rights to:

• Work or study
• Rent or buy somewhere to live – including applying for council housing
• Claim benefits
• Use the NHS
• Go to school
• Leave the UK and return as many times as they want
• They’ll usually only lose their indefinite leave if they’re outside the common travel area for more than 2 years in a row. The common travel area is the UK, Ireland, Guernsey, Jersey and the Isle of Man.

How Can IAS Help ILR Application for Child?

Applying for an Indefinite Leave to Remain (ILR) for a child can be a reasonably straightforward procedure. Although, there are a handful of documentation submissions to be done which may prove time-consuming as you progress.

If you require any assistance with your ILR application such as if you’re unsure or uncertain about the application method and what you need to do to be granted a permanent residence, IAS can help.

We are a formidable team of professional and knowledgeable immigration lawyers who have years’ worth of experience working in UK immigration law. We have helped countless people overcome hurdles to come and settle in the UK, and we can help you to do the same, too.

For more information about the indefinite leave to remain 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 +44 (0)333 414 9244 or contact us online.