A child can apply for Indefinite Leave to Remain (ILR) alongside their parent, provided they meet the requirements under UK immigration law. This applies to children who hold a visa as a dependent of a parent with a spouse or partner visa. The child must be under 18 years old at the time of application. Those aged 18 or over must have previously been granted leave as a dependent and must not be leading an independent life. 

What is the age requirement?

The applicant must generally be under 18 years of age at the time of application, as specified by the age requirement. However, there is an exception for individuals who were previously granted entry clearance or permission to remain as a dependent child. In such cases, an applicant may be 18 years of age or older if their previous permission is still valid or has already expired no more than 14 days prior to the new application date.

What is the definition of "independent life" on the application process?

Under UK immigration law, the eligibility of a child for dependent visas is significantly influenced by the concept of "independent life." For all dependent children, no matter their age, this criterion is universally applicable, making it an important change from the previous rules. According to the most recent Home Office guidance, a child is classified as "not leading an independent life" if they are living with their parent(s) and do not have a partner (i.e., are not married or in a civil partnership). An exemption is granted to children who are absent from home for educational purposes, such as attending residential school, college, or university as part of their full-time studies.

Do Both Parents Need to Hold ILR for a Child to Qualify?

In order for a child to qualify for Indefinite Leave to Remain (ILR) under UK immigration law, it is not necessary for both parents to hold ILR. At least one parent must either already hold ILR, be a British citizen, or be applying for ILR at the same time as the child. This ensures that children can apply for settlement even when only one parent meets the criteria, provided other conditions are fulfilled.

If only one parent holds or is applying for ILR, the child may still qualify under specific conditions. These include situations where the other parent is deceased (with evidence such as a death certificate), or where the parent applying for ILR has sole responsibility for the child's upbringing.

What is Sole Responsibility for the child upbringing?

If only one parent is settled in the UK, they must demonstrate sole responsibility for the child’s upbringing. This involves providing evidence that they make all major decisions regarding the child’s welfare and upbringing. In cases where only one parent is settled in the UK, the concept of 'sole responsibility' becomes a crucial factor in determining a child's eligibility for Indefinite Leave to Remain (ILR). To satisfy this requirement, the parent must provide substantial evidence showing that they are the primary decision-maker in all significant aspects of the child's life. This may include documentation related to the child's education, healthcare, and daily care arrangements.

What are Serious and Compelling Family Circumstances?

If neither sole responsibility nor both parents’ settlement applies, compelling family or humanitarian reasons may justify granting ILR to the child. This is possible if there are compelling family or humanitarian reasons that make it undesirable to exclude the child from settlement in the UK. Such reasons might include situations where separating the child from their UK-based parent would cause significant hardship or where there are serious health or welfare concerns.

Does the Child Need to Meet a Residence Requirement?

The child must have lived continuously and lawfully in the UK as a dependent on their parent’s visa. For most visa categories (such as a spouse visa), this period is five years. Continuous residence means that the child has not spent extended periods outside the UK that would break their lawful stay. Evidence such as school records, medical records, or other official documents may be required to prove their residence.

What are the Requirements for Living Arrangements?

The child must live with their parent(s) in the UK or plan to do so after being granted ILR. The parent(s) must provide suitable accommodation and maintenance for the child without relying on public funds. This means that there should be adequate financial resources and housing available to meet the child’s needs.

Does a Child Need to Pass an English Language Test or Life in the UK Test?

Children under 18 are exempt from both the English language requirement and the Life in the UK test. However, children aged 18 or older must demonstrate English proficiency at CEFR Level B1 (speaking and listening) and pass the Life in the UK test unless they are exempt due to specific circumstances (e.g., medical reasons).

How can I meet the financial requirement for settlement?

As of March 2025, for spouse visa applications with additional children, the financial requirement has been simplified. Applicants must demonstrate a minimum annual income of £29,000, regardless of the number of dependent children. This flat-rate requirement applies to all migrants applying for permission as a Partner, including those with multiple dependent children.

For those who were already in the partner route before 11 April 2024, transitional provisions allow them to meet the previous threshold of £18,600 per year, with additional requirements of £3,800 for the first child and £2,400 for each subsequent child, up to a maximum of £29,000. It's important to note that these financial requirements do not apply if the sponsoring partner receives certain disability or carer's benefits. Applicants can meet this requirement through various sources of income, including employment, self-employment, pensions, and investments, or through cash savings.

What if your child was born in the UK?

If your child was born in the UK but does not automatically hold British citizenship, they may still have pathways to settlement or citizenship depending on your immigration status. A child born in the UK is automatically a British citizen if at least one parent was a British citizen or held settled status at the time of their birth. If this is not the case, the child may qualify for British citizenship through registration if at least one parent later becomes settled or obtains British citizenship. Additionally, a child who has lived continuously in the UK for 10 years from birth may also be eligible to register as a British citizen.

When considering Indefinite Leave to Remain (ILR) applications for children in the UK, there are several important factors to consider under current immigration law. If both parents are applying for ILR through different immigration routes, it is crucial to carefully determine which route is most appropriate for the child's application. This is because the eligibility criteria and requirements can vary significantly between different immigration categories, and choosing the most suitable route can impact the success of the child's application.

Given the complexity of immigration applications and individual circumstances, seeking professional guidance is highly advisable. Each immigration route demands specific evidence and must adhere to stringent Home Office requirements. To navigate this complex landscape successfully, we at ARIS International Lawyers offer our expertise. Our team can carefully review your application, ensuring it meets all requirements and helping you sidestep potential pitfalls that might result in delays or refusals. 

For tailored assistance with your immigration matters, please contact us on 020 3865 6219 or leave a message, and our dedicated team will be happy to support you through every step of your immigration journey.