Indefinite Leave to Remain for Children Born Outside The UK

Applying for Indefinite Leave to Remain (ILR) for a child born outside the UK is one of the most important steps a family can take to secure a child’s long-term future in Britain.

At Deluxe Law Chambers, our specialist UK immigration solicitors regularly assist families with child settlement applications, ensuring children obtain permanent status in line with Home Office rules and the child’s best interests.

What is ILR and Why is it Important for Children?

Indefinite Leave to Remain (ILR) is permanent immigration status in the UK. It allows a person to:

• Live in the UK without time restrictions
• Work and study without immigration conditions
• Access public services (subject to eligibility rules)
• Apply for British citizenship later

Children born abroad do not automatically receive UK immigration status from their parents. Even if a parent is British or settled, a separate application is often required.

When Does a Child Born Abroad Need ILR?

A child may need to apply for ILR if:

• They joined a parent in the UK as a dependant
• A parent has now become settled (ILR) or British
• The child is on a visa route leading to settlement
• The child has lived in the UK long-term
• The child’s case involves human rights or family life considerations

Eligibility Criteria for ILR for a Child Born Outside the UK

Eligibility depends on the child’s immigration history, the parent’s status, and the family circumstances.

Main Routes to ILR for a Child Born Outside the UK

1. Child Dependant under Appendix FM (Family Route)

This is the most common route for ILR for a child born outside the UK.

The child may qualify if:

• A parent holds ILR or British citizenship
• A parent is applying for ILR at the same time
• The child lives with the parent
• Adequate maintenance and accommodation are shown

Settlement timeline: Usually after 5 years of lawful residence.

2. Child of a Settled or British Parent (Immediate Settlement)

In some cases, a child already in the UK may qualify for immediate ILR where:

• A parent is settled or British
• The family unit is genuine and ongoing
• Immigration and suitability requirements are met

3. Long Residence (10-Year Route)

A child born abroad may qualify for ILR after 10 years’ continuous lawful residence in the UK.

This route requires:

• No significant gaps in lawful stay
• Strong evidence of UK integration

4. 7 Years’ Residence & Human Rights (Article 8 ECHR)

Children who have lived in the UK for 7 years may qualify for leave under private life rules if it would be unreasonable to expect them to leave the UK.

This usually leads to:

➡ Limited leave first
➡ ILR after 10 years

These applications rely heavily on the child’s best interests.

Discretionary and Complex Cases

Where normal rules do not apply, ILR may still be granted in cases involving:

• Sole parental responsibility
• Estranged or absent parents
• Welfare or safeguarding concerns
• Previous immigration refusals

Application Process for Child ILR

Step 1 – Identify the Correct Route

Choosing the wrong route is a common reason for refusal.

Step 2 – Prepare Evidence

Key documents include:

Identity

• Child’s passport
• BRP

Relationship

• Birth certificate
• Evidence of parental responsibility

Parental Status

• Parent’s ILR or British passport
• Immigration documents

Residence

• School letters
• NHS/GP records
• Official correspondence

Finance & Accommodation

• Payslips
• Bank statements
• Tenancy or mortgage documents

How much is the ILR fees in 2026?

As of 2026, ILR application fees are approximately £3,029 per applicant. IHS is not payable for ILR.

Frequently Asked Questions