Applying for Indefinite Leave to Remain for a child

Immigration solicitors know that people find it tough to deal with the Home Office and find the delays in application processing frustrating and annoying. However, if you are considering applying for Indefinite Leave to Remain for a child,  the process can appear unnecessarily complicated and highly stressful. In this blog we look at how to go about applying for Indefinite Leave to Remain for your child otherwise known as ILR for child born outside the UK.

UK Immigration and children law solicitors

London based OTS Solicitors specialise in children and immigration law. If you are concerned about your child’s Immigration status and need specialist immigration law advice on how to apply for indefinite leave to remain for a child, call the friendly expert team at OTS Solicitors on 0203 959 9123 or complete our online enquiry form. Appointments are available through video conferencing, Skype or by telephone appointment.

Child applications for Indefinite Leave to Remain

You may need to make an application for Indefinite Leave to Remain on behalf of your natural child or your adopted child. To do so you will need to complete a form and send it to the Home Office. The form is referred to as ‘Set F’ application form.

If your child secures Indefinite Leave to Remain then this means that your child won't be subject to Immigration controls and will be able to live and study in the UK without needing a visa or be subject to time constraints on their UK entry clearance. If you want your child to become a British citizen then potentially, subject to meeting the eligibility criteria, the child could be registered as a British citizen.

You may need to apply for Indefinite Leave to Remain for your child if:

• Your child is under eighteen and you are settled in the UK or you are applying for UK settlement at the same time as your child
• You have adopted a child from overseas and the nature of the adoption order means that your adopted child hasn’t automatically acquired British citizenship by virtue of the adoption order.

Is my child eligible to apply for Indefinite Leave to Remain?

Immigration solicitors say that firstly a child must live in the UK in order to be eligible to make an application for Indefinite Leave to Remain. The application can't be made from overseas.

In addition to living in the UK, there are additional eligibility criteria for child applicants for Indefinite Leave to Remain. The eligibility criteria depend on the category of ILR child applicant.

If your child is under eighteen and you are a parent who is either present and settled in the UK or is applying for UK settlement at the same time as the child then the ILR eligibility criteria for your child are:

• Both parents are present and settled in the UK or
• One parent is present and settled in the UK and the other one is deceased or
• One parent is present and settled in the UK and the other parent is applying for UK settlement at the same time as the child or
• One parent is present and settled in the UK or is applying for settlement and has sole responsibility for the child or
• One parent is present or settled in the UK and there are serious and compelling family or other considerations which make exclusion of the child from the UK undesirable and suitable arrangements have been made for the child’s care.

In addition, the child must:

• Not have one or more unspent convictions
• Be adequately provided for by the parent ( this means without recourse to public funds)
• Have adequate accommodation
• Be either unmarried or not in a registered civil partnership
• Not be leading an independent life to that of his or her parents.

If you adopted a child under the age of eighteen and you’re an adoptive parent living in and settled in the UK then the basis of the child’s application for Indefinite Leave to Remain will depend on the nature of the overseas or inter-country adoption.

The complexities of applying for Indefinite Leave to Remain for a child adopted from overseas means that it is best to take legal advice on the Immigration issues surrounding inter-country adoption before proceeding with an overseas adoption.

Overseas adoption and Indefinite Leave to Remain

Under the Immigration Rules there are three routes to apply for Indefinite Leave to Remain for an adopted child. The route that is applicable to your adopted child will depend on the nature of the adoption and family circumstances. The three routes or categories are:

• Bringing an adopted child to the UK - to qualify for Indefinite Leave to Remain the child must have been adopted while both parents lived together abroad or one of the parents was settled in the UK and the child was adopted because the child’s natural or biological parents could not care for the child. There must be a transfer of parental responsibility for the child with the child having broken all ties with their birth family. The Immigration Rules say that the child must not have been adopted for the sole reason of entering the UK
• A child adopted in a designated country – to meet the eligibility criteria for Indefinite Leave to Remain the child’s adoptive parents must be settled in the UK. Alternatively, both adoptive parents must have permission to settle in the UK permanently and are both entering the UK with the child or one of the adoptive parents has permission to settle in the UK permanently and is bring the child to the UK and the other parent is already settled in the UK
• Inter-country adoption – to meet the eligibility criteria for Indefinite Leave to Remain in this category there needs to have been a Hague Convention adoption. In addition the adoptive parents must both be habitually resident in the UK and be able to look after the adopted child financially, without recourse to public funds.

How can OTS Solicitors help?

If you are worried about your adopted or biological child’s Immigration status it is best to get expert legal advice from children and immigration law experts who can set your mind at ease and advise on the best way to secure Indefinite Leave to Remain or British citizenship for your child.

UK Immigration and adoption solicitors

London based OTS Solicitors specialise in children and adoption law and Immigration law. If you need intercountry adoption or specialist immigration law advice for your child call the friendly expert team at OTS Solicitors on 0203 959 9123 or complete our online enquiry form. Appointments are available through video conferencing, Skype or by telephone appointment.