Indefinite leave to enter allows one to live in the UK permanently without any restrictions. A child who is born outside the UK but has both parents having permanently settled status in the UK can apply for ILE to join their parents in the UK. If only one parent has the sole responsibility for their child, then also, they can apply for ILE for the child.
If you are a British citizen and the child was born outside the UK before you became British then you can still apply for the child to receive ILE.
You can also apply for your child to join you in the UK under the UK family visa first and once your child has lived for 5 years continuously in the UK they may be eligible to apply for ILR.

ILE requirements for a child who is born outside the UK

• The child must be aged 18 or above;
• The child’s parents must have settled status in the UK;
• One parent must be settled in the UK and also have sole responsibility of the child; and
• Parent/s must meet the maintenance and accommodation requirement

When both parents have permanent right to live in the UK

In such cases, parents can apply for ILE for their child to join them in the UK.

When only one parent has a permanent right to live in the UK

In such cases, the parent can apply for their child’s ILE application provided they have sole responsibility.

When a parent has sole responsibility

If you have sole responsibility for your child’s upbringing, you can apply for ILE for the child born outside the UK. Sole responsibility means that you have the control over child’s upbringing and are the chief decision maker in connection with the child’s life.

The child must be under 18 if born outside the UK.

If your child was born outside the UK, they must be under 18 for them to be eligible for an ILE. However, if your child is above 18 and in the UK on a dependent child visa, they can still apply for ILR provided they are

• Not married,
• Not living an independent life
• Pass the Life in the UK and
• Meet the English language requirements.

Meeting the maintenance and accommodation requirement

You and/or the other parent of the child must be able to meet the maintenance and accommodation requirement. This means that your net income including any benefits must be equal to or greater than income support level for a family of same size, after deduction of your accommodation expenses including council tax.
There must be suitable and adequate accommodation for all of you to live in the UK without overcrowding.  
If you are looking to apply for Indefinite Leave to Enter for the child you can contact Visa and Migration Ltd on 02034111261 or email us on info@visaandmigration.com

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