Do I Need to Apply for ILR for Child Born in UK?
If a child is born in the UK, their immigration status depends on the immigration status of the parents at the time of the child’s birth. Before you apply for ILR for your child, you must consider the key factors, evidence requirements, and legal frameworks that govern your child’s eligibility for ILR.
To determine whether you need to apply for ILR for your child, contact London Immigration Lawyers and receive professional advice tailored to your circumstances. Speak to one of our advisers by calling 0204 502 8582 or contact us online.
Understanding Your Child's Immigration Status
Determining whether you need to apply for Indefinite Leave to Remain (ILR) for your child involves understanding key factors, including parental immigration status, immigration rules, and individual circumstances that affect the child’s status.
The first step in understanding your child’s status is understanding the status of parents at the child’s birth and the specific exceptions in UK immigration law related to the time a child has spent in the UK and their age.
All of these factors can affect whether you need to apply for ILR for your child.
Page Contents
- Understanding Your Child’s Immigration Status
- Child’s Status Based on Parental Status and How it Affects the Path to ILR
- Exceptions Related to Time Spent in the UK and the Child’s Age
- Eligibility for Indefinite Leave to Remain (ILR) for Children Born in the UK
- Documentation Required to Prove a Child’s Eligibility for ILR
- Determining Your Child’s Right to Permanent Residency in the UK
- Sponsoring Your Child’s Indefinite Leave to Remain Application
- Exceptions to Sponsoring a Child’s ILR Application
- Legal Implications of Sponsoring a Child’s ILR Application
- Financial Requirements for Sponsoring a Child’s ILR Application
- Application Process for ILR for a Child
- Costs and Timeline of Applying for ILR for a Child Born in the UK
- How can London Immigration Lawyers Help?
- Frequently Asked Questions
Child's Status Based on Parental Status and How it Affects the Path to ILR
The immigration status of a child born in the UK mainly depends on the status of the parents at the time of the child’s birth.
The child automatically becomes a British citizen if at least one parent holds ILR at the time of the child’s birth in the UK or if one of the parents has British citizenship.
If the parent is in the UK on a visa, the child’s status will depend on the parent’s visa category:
- Parent on a Work Visa (e.g. Skilled Worker/Health and Care Worker Visa) – the child born in the UK does not automatically become a British citizen but may need to apply for ILR, provided the child has been living in the UK as a dependent
- Parent on a Student Visa – the child born in the UK does not automatically become a British citizen but may apply for ILR if the parent transitions to a visa route that leads to settlement (e.g. Skilled Worker Visa) and qualifies for ILR
- Parent on a Visitor Visa – the child born in the UK does not automatically become a British citizen. The child does not have an automatic right to stay in the UK and requires a separate visa application to remain legally in the UK
Under the UK Immigration rules, a child may qualify for ILR based on continuous years (time spent) in the UK, even if they do not have a valid immigration status.
7-Year Rule Exception: ILR for Child After 7 Years in UK
A child under 18, born in the UK, who has lived in the UK for at least 7 continuous years, may be eligible for ILR immediately based on private life.
The Home Office will consider the child’s ties to the UK, including education, friendships, and community connections, as well as the impact of relocating the child to another country, as protected under Article 8 of the European Convention on Human Rights (ECHR).
5 Years Rule for Child Born in UK
The 5-Year Rule Exemption is another pathway through which a child born in the UK may become eligible for Indefinite Leave to Remain after living in the UK continuously for at least 5 years on a valid visa (based on private life or as a dependant) or hold leave to remain.
At least one parent must hold ILR, British citizenship, or be on a pathway to settlement. This route differs from the 7-Year Rule as it focuses more on lawful residence than private life or exceptional circumstances.
Half-Life Rule Exception
If you’re over 18, were born in the UK, have lived in the UK for 10 continuous years with a relevant visa, and have previously been given a visa based on your private life, you can apply for ILR.
Settlement Status for Child Born Outside UK
A child born outside the UK can still obtain settlement status, such as Indefinite Leave to Remain, under certain conditions. However, they must first apply for entry clearance by obtaining a visa as a dependent of a settled parent.
Eligibility for Indefinite Leave to Remain (ILR) for Children Born in the UK
Overview
Children born in the UK may qualify for Indefinite Leave to Remain if they meet the following eligibility criteria:
- The child must be under 18 years old
- The child cannot be married or be a civil partner
- At least one parent must be settled (have obtained settled status (ILR)) and present in the UK. If parents do not have ILR, the child must apply for a visa that aligns with the parents’ status
- The child must be under 18, born in the UK and have lived in the UK continuously for at least 7 years (under the 7-Year Rule based on private life)
- The child has lived in the UK for 10 years with a relevant visa
Sole Responsibility Requirement
Please note that if the child is applying for ILR as a dependent, the single parent must demonstrate sole responsibility for the child’s upbringing. The single parent must also be settled in the UK (hold ILR or British citizenship) to sponsor the child’s ILR application.
However, if the single parent does not have sole responsibility but the child still resides in the UK, the 7-Year Private Life Rule may apply, depending on the child’s circumstances.
Eligibility for Automatic British Citizenship for Children Born in the UK
If at least one parent is a British citizen or holds ILR at the time of birth, a child born in the UK automatically becomes a British citizen and can apply for a British passport under the British Nationality Act 1981.
If neither parent holds British citizenship or ILR at the time of the child’s birth, the child will not automatically be a British citizen. However, they may become eligible for British citizenship later if one or both parents are granted ILR or British citizenship or if the child meets residency requirements.
If you’re unsure whether your child is eligible for Indefinite Leave to Remain, contact our immigration lawyers to determine your child’s eligibility and suggest the best route for your case. Call London Immigration Lawyers at 0204 502 8582 to talk with one of our advisers today.
Documentation Required to Prove a Child's Eligibility for ILR
To prove a child’s eligibility for Indefinite Leave to Remain, you would need the following documentation:
- The child’s UK birth certificate
- Parent(s)’ passport and biometric residence permit (BRPs)
- School attendance records or letters from educational institutions, NHS medical records or letters from healthcare providers, and evidence of address to prove continuous residence in the UK
- Proof of the parents’ ILR or current visa status
- Evidence for private life – testimonials from teachers or community members, evidence demonstrating why it would be unreasonable for the child to leave the UK
- ILR application form
Determining Your Child's Right to Permanent Residency in the UK
To determine your child’s right to permanent residency in the UK, you must assess their circumstances, factors influencing their right to permanent residency, and the legal framework governing children’s residency rights in the UK.
Several factors influence the child’s right to permanent residency (ILR), including birthplace, parental status, length of residence, child’s age, and the type of visa the child holds.
Additionally, when applying, there are different exemptions and rules governing residency, such as the 7-Year Rule or the Human Rights law, which the Home Office considers when assessing a child’s ILR application to ensure the right to residency and private life.
When determining your child’s right to ILR in the UK, it is important to seek professional legal advice to navigate complex cases and confirm eligibility. London Immigration Lawyers offer professional immigration advice for applicants seeking settlement in the UK.
Call 0204 502 8582 to discuss your case and see how we can help you.
Sponsoring Your Child's Indefinite Leave to Remain Application
If you apply for your child to get indefinite leave, you will be referred to as their ‘sponsor’. You can sponsor a child if their parent has died and you were their parent’s married or civil partner. To sponsor your child’s ILR application, you must meet either:
- You and your child’s other parent both must have a permanent right to live in the UK, or
- You must have sole responsibility for your child, and you must have a permanent right to live in the UK (if you’re the only person responsible for your child’s upbringing and well-being, and the other parent isn’t involved in their life)
Additionally, you must:
- Comply with Immigration Rules
- Demonstrate that the child resides with you or that you have ongoing contact if the child does not live with you full-time
- Provide evidence that you meet the financial requirements for sponsoring a child’s ILR application
- Show that where you live is safe and large enough for the number of people living with you
Exceptions to Sponsoring a Child's ILR Application
Please note that you may be eligible to sponsor the child if you’re related to them, and there are compelling reasons why they should be allowed to come to the UK.
However, you cannot sponsor a child if they’re independent, living with a partner or have left home unless they are studying in a different location.
Financial Requirements for Sponsoring a Child's ILR Application
Overview
To be eligible to sponsor a child’s Indefinite Leave to Remain application, you must provide evidence of financial stability. The Home Office will check if you have enough weekly income to meet the maintenance and accommodation requirements without recourse to public funds.
You will be required to have enough income each week to cover:
- Your housing costs
- £70.80 for each child under 18 who lives with you (including the child applying for ILR)
- £77 if you’re single or £121.05 if you live with a partner
Supporting Documents for the Financial Requirement
Accepted evidence of financial stability includes:
- Recent bank statements covering at least 6 months showing sufficient funds
- Recent employment payslips covering at least 6 months
- An employment contract or letter confirming income
- Proof of accommodation (tenancy agreements, mortgage statements to demonstrate suitable housing)
- Evidence of additional financial sources (self-employment, pensions, investments)
Options for Meeting Financial Requirements for a Child’s ILR
If your total income isn’t sufficient, you might be able to include other benefits you get, depending on your circumstances, or explore other options, including:
- Cash savings
- Joint sponsorship – where another parent or guardian contributes to supporting the child
- Exemptions – for example, receiving certain benefits
Consulting Financial Advisors for Guidance on Meeting Financial Obligations
Navigating the financial requirements for a child’s Indefinite Leave to Remain application can be complex; therefore, consulting an immigration financial advisor can benefit many sponsors.
Financial advisors can help you prepare and demonstrate financial stability by determining whether your income and savings meet the criteria, identifying alternative solutions or exemptions available to you and ensuring you have adequate financial evidence to strengthen your child’s ILR application.
Legal Implications of Sponsoring a Child's ILR Application
Sponsoring a child’s ILR application comes with long-term responsibility, and sponsors must ensure that children are cared for and supported throughout their residency in the UK; this includes financial support and adequate accommodation.
If you are a sponsor, you must comply with immigration law and ensure you do not provide false or misleading information in the application process.
Providing inconsistent or misleading information can have various legal implications, including refusal or a ban on re-entry.
Application Process for ILR for a Child
Overview
Applying for a child’s Indefinite Leave to Remain includes the following steps:
- Preparing supporting documentation for the application
- Completing the online application form
- Paying the application fee and any additional costs that may apply
- Scheduling and attending a biometric appointment at a UK Visa and Citizenship Application Services (UKVCAS)
- Submitting supporting documents
Completing Application Forms and Providing Accurate Information
When completing application forms, it is essential that applicants ensure that all the information provided is accurate by:
- Double-checking all personal details
- Ensuring consistency between the application form and the supporting documents provided to avoid delays or refusals
- Explaining the child’s circumstances clearly (if relying on exceptional grounds or Private Life Rules)
Common Pitfalls to Avoid During the Application Process
Even minor errors or oversights can lead to significant delays or refusals during the application process. To improve your chances of approval, you must be aware of common pitfalls and take steps to avoid them.
Some of the common pitfalls during the application process include:
- Inaccurate or inconsistent information
- Missing or incorrect documents
- Failure to meet deadlines, for example, when attending biometric appointments – always make sure you address any deadlines promptly to avoid complications or refusal
- Ignoring specific requirements or not meeting them, for example, the financial requirement
If your child’s ILR application has been delayed or refused, consulting legal experts for assistance may be helpful. London Immigration Lawyers are legal experts who can:
- Help you compile a strong application with accurate documents to support it
- Provide representation in case of only complications, such as delays or refusals
- Help you decide what steps to take next
Costs and Timeline of Applying for ILR for a Child Born in the UK
The processing time for the ILR Application for children born in the UK typically takes up to 6 months, but it can be delayed if further information is required.
Priority processing services are available at an additional cost if you need your decision to be made urgently. The cost of the application is based on the following:
- Application fee: £3,226
- Biometric fee: £650
- Optional priority processing services:
- Priority Service for a decision made within 5 working days: £500
- Super-Priority Service for a decision within 1-2 working days: £1000
How Can London Immigration Lawyers Help?
Navigating the detailed and time-sensitive process of ILR application for children can be complex and challenging for many people, preventing them from settling in the UK. London Immigration Lawyers specialise in providing tailored assistance to applicants looking to settle in the UK.
Our team of expert immigration advisers has worked with many applicants to assess their eligibility and suggest the best route. They ensure all forms are completed accurately and on time to avoid refusals, help compile adequate evidence to ensure all requirements are met, and address any complications to ensure the best course of action.
To learn more about how we can help your case, call 0204 502 8582 or contact London Immigration Lawyers online.
Legal Disclaimer
The information provided is for general informational purposes only and does not constitute legal advice. While we make every effort to ensure accuracy, the law may change, and the information may not reflect the most current legal developments. No warranty is given regarding the accuracy or completeness of the information, and we do not accept liability in such cases. We recommend consulting with a qualified lawyer at London Immigration Lawyers before making any decisions based on the content provided.
Last modified on December 10th, 2025 at 3:12 pm
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Frequently Asked Questions
If you hold settled status and your child was born in the UK, they automatically become a British citizen and do not need to apply for ILR.
Yes, you can submit a fee waiver request before applying for ILR if you cannot afford the application fee. You must provide evidence of your financial situation to prove your eligibility.
Citizenship by birth is only applicable if at least one parent holds British citizenship or settled status (for example, ILR) at the time of the child’s birth.
