When it comes to living in the UK permanently, one of the most sought-after immigration statuses is Indefinite Leave to Enter (ILE). This status is crucial for individuals wishing to live and work in the UK without any restrictions on their stay. For children, obtaining Indefinite Leave to Enter (ILE) as a Child can be particularly important for reuniting with their parents or guardians, especially if they were born outside the UK and are seeking permanent residency.
What is Indefinite Leave to Enter (ILE)?
Indefinite Leave to Enter (ILE) is an immigration status granted to individuals who are not yet in the UK but wish to live there permanently. It is typically granted to those who are entering the UK for the first time, either on a settlement visa or through other qualifying routes. The key difference between ILE and Indefinite Leave to Remain (ILR) is that ILE applies to those entering the UK for the first time, while ILR is usually granted to those who are already residing in the UK for a qualifying period.
For children, Indefinite Leave to Enter (ILE) allows them to join their parents or guardians who are either settled in the UK or British citizens. It is a pathway to permanent residency in the UK, and once granted, children can live, study, and work in the UK without restrictions.
Indefinite Leave to Enter (ILE) vs. Indefinite Leave to Remain (ILR)
Both ILE and ILR grant individuals the right to live in the UK without any time restrictions. However, there are some differences between the two:
- Indefinite Leave to Enter (ILE) is granted to people entering the UK for the first time who meet the necessary criteria for permanent residence. This includes children who are outside the UK and applying for settlement.
- Indefinite Leave to Remain (ILR) is for individuals already living in the UK on a visa or temporary leave. Once granted, ILR allows individuals to stay in the UK without any further restrictions on their residence.
For a child, the process can involve being granted ILE if they are entering the UK from abroad, or ILR if they have already been living in the UK for a qualifying period.
Indefinite Leave to Enter (ILE) as a Child: Requirements
Children can apply for Indefinite Leave to Enter the UK if they meet certain criteria. Here are the key Indefinite Leave to Enter requirements for children:
- The Child’s Parent or Guardian Must Be Settled in the UK The child must have a parent or legal guardian who is either a British citizen or someone with Indefinite Leave to Remain (ILR) or Settled Status. If the child is joining their parent in the UK, the parent’s immigration status plays a major role in the child’s eligibility.
- Proof of Relationship The child must be the biological child, adopted, or a dependent relative of the parent who is settled in the UK. This can be proven through birth certificates, adoption orders, or other legal documents.
- The Child Must Be Under 18 To apply for Indefinite Leave to Enter as a child, the applicant must be under 18 years old. Children over 18 are typically required to apply through different routes, such as a family visa.
- Financial Support Parents or guardians applying for Indefinite Leave to Enter (ILE) for their child must demonstrate that they can financially support the child without relying on public funds. This is often shown through income statements, employment details, and other financial documents.
- Accommodation The parent or guardian must show that there is adequate accommodation for the child in the UK. This can include proof of tenancy, homeownership, or any other arrangement that confirms there is enough space for the child to live with their parent.
How to Apply for Indefinite Leave to Enter (ILE) as a Child
To apply for Indefinite Leave to Enter (ILE) for a child, follow these general steps:
- Complete the Application Form Start by filling out the Indefinite Leave to Enter the UK application form. This can be done online through the UK government’s official website. Be sure to provide accurate information about both the child and the parent, as well as details about their relationship and financial situation.
- Prepare Supporting Documents Gather all necessary documents to support the application. This includes proof of the parent’s status in the UK, the child’s birth certificate, financial documents, accommodation proof, and more. Specific documents may vary depending on your circumstances.
- Submit Biometrics After completing the application, the child will need to attend a biometrics appointment. Biometrics data (fingerprints and photographs) will be collected as part of the application process.
- Pay Fees There are fees for applying for Indefinite Leave to Enter (ILE). The exact cost will depend on the type of visa the parent is applying for. The child’s visa fee and any associated charges (such as the Immigration Health Surcharge) will also need to be paid at the time of application.
- Wait for a Decision After submitting the application, you will need to wait for the decision. Processing times vary, but it typically takes several weeks for the application to be reviewed.
Can I Get Indefinite Leave to Remain Through My Child?
Yes, in some circumstances, parents may be able to obtain Indefinite Leave to Remain (ILR) through their child. However, the parent must generally meet specific eligibility requirements, such as proving they are living with their child in the UK and that their child has settled status or is a British citizen. In some cases, parents can apply for a family visa and then transition to ILR after living in the UK for a qualifying period.
Do I Need to Apply for ILR for a Child?
Typically, children who enter the UK on an Indefinite Leave to Enter (ILE) do not need to apply for Indefinite Leave to Remain (ILR) unless they have been living in the UK for a number of years on a temporary visa. If a child is entering the UK as a dependent of a settled parent, they will be granted ILE right away.
If the child is already in the UK on a different visa, they may eventually be eligible to apply for ILR after a qualifying period.
Indefinite Leave to Enter (ILE) Outside Rules
There are certain Indefinite Leave to Enter outside rules that may apply to children. In exceptional cases, if the standard requirements do not apply, a child may still be granted ILE under special circumstances. For example, a child may be allowed to enter the UK if they are facing a life-threatening situation in their home country or if it would be in the best interest of the child to join a parent in the UK.
Visa for Child Born in UK
If a child was born in the UK, they may automatically be a British citizen, depending on the parents’ immigration status. However, if the child is not a British citizen, the parent may need to apply for a family visa to stay in the UK and care for their child.
Wet Ink Stamps and ILE
In some cases, a wet ink stamp may be required as part of the Indefinite Leave to Enter (ILE) process. This stamp is placed in the child’s passport after the visa is granted and is proof that the child has been allowed to enter the UK permanently. This is part of the official documentation process for settlement.
FAQs
Can a child apply for ILE if they are over 18?
No, children must be under 18 to apply for Indefinite Leave to Enter (ILE) as a dependent. If the child is over 18, they may need to apply for a different type of visa.
Can a parent apply for ILE for a child born outside the UK?
Yes, if the parent is a British citizen or has settled status, they can apply for Indefinite Leave to Enter (ILE) for their child who was born outside the UK.
How long does it take to get ILE for a child?
The processing time for Indefinite Leave to Enter can vary but usually takes a few weeks to a few months.
Can my child get a UK passport after ILE is granted?
Once Indefinite Leave to Enter is granted, the child may be eligible to apply for a UK passport if they qualify as a British citizen.
What is the fee for applying for ILE?
The fee for applying for Indefinite Leave to Enter varies depending on the application type. Be sure to check the UK government website for the most current fees.
Conclusion
Applying for Indefinite Leave to Enter (ILE) as a child can be a complex but rewarding process. With the right documentation and understanding of the requirements, children can join their parents in the UK and establish permanent residency. Whether you’re seeking ILE for a child born outside the UK, navigating the ILE application form, or considering the ILE vs ILR process, it’s important to follow the guidelines carefully to ensure a successful application.
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