To apply for ILR as a parent of a British child through the 5-year route, the applicant must have lived in the UK for a continuous period of 5 years. During they stay they must have had legal permission to stay in the country throughout the entire period.
If an applicant meets the requirements for ILR as a parent of a British child through the 5-year route, they may be eligible to apply for ILR, which is a type of permanent residency in the UK that allows the holder to live and work in the country without any time restrictions.
If you need legal advice or help with your Indefinite Leave to Remain application, our experienced immigration lawyer can provide you with the help you need.
Table of Contents
- ILR as a parent of a British child
- How to apply for ILR as a parent of a British child?
- Requirements for ILR as a parent of a British child
- Documents required for ILR application
- ILR application processing time
- ILR application fees
- How can an immigration lawyer help you?
- Frequently asked questions (FAQs)
- Need legal advice or help from an immigration lawyer?
How to apply for ILR as a parent of a British child?
If you want to apply for ILR as a parent of a British child, you must apply online for Indefinite Leave to Remain by using the SET(M) application form.
Here are the steps you need to take to apply for ILR as a parent of a British child:
- Check if you are eligible
- Collect the necessary documents
- Fill out the application form
- Pay the application fee
- Submit your application
- Book & attend a biometric appointment
- Wait for a decision
Read this comprehensive guide to learn more about how to apply for ILR, the required documents and fees.
Requirements for ILR as a parent of a British child
To be eligible for Indefinite Leave to Remain (ILR) as a parent of a British child, you must satisfy the following eligibility criteria:
- You must be the biological or adoptive parent of a child who is a British citizen.
- You must show that you are and have been having either sole or shared responsibility for the child's upbringing and continues to intend to play an active role in the life of the child.
- You and your child must be currently residing in the UK.
- You must have lived in the UK for at least 5 years continuously before making the ILR application.
- You must have valid immigration status in the UK at the time of making the ILR application.
- You must show that you have been financially independent and that you have not relied on public funds.
- You must meet the English language requirement by passing an approved English language test, or by being a national of a majority English-speaking country.
- You must pass the "Life in the UK" test, which is a test on British culture, history, and government.
- You must not have any criminal convictions in the UK or in any country outside the UK.
- You must not have breached any UK immigration laws during your stay.
You must also meet all the other eligibility requirements depending on type of application and your personal circumstances. Please contact us for an initial assessment to determine your eligibility, and to discuss the options.
It is important to note that the rules and requirements for ILR as a parent of a British child may change from time to time, so it is advisable that you consult the immigration lawyer on applying for Indefinite Leave to Remain as a parent of a British child to ensure that you meet all the eligibility requirements.
Your relationship with your child
If your child lives with you, you must have either:
- sole parental responsibility
- shared responsibility if your child’s other parent is a British citizen or settled in the UK
If your child lives with their other parent or carer, you must have access rights and shared responsibility. The child’s other parent or carer must be a British citizen or settled in the UK.
Life in the UK test for ILR
When applying for Indefinite Leave to Remain (ILR) in the UK, you will generally be required to pass the Life in the UK test as part of the application process. The test is designed to assess your knowledge of British culture, customs, and history, and it is a requirement for most settlement and citizenship applications.
To take the Life in the UK test, you will need to book an appointment at a designated test centre and pay the test fee, which as of April 2023 is £50. The test is computer-based and consists of 24 multiple-choice questions, which you will have 45 minutes to answer.
The test covers a range of topics related to life in the UK, including:
- The UK's political system, including the roles of the government, Parliament, and judiciary
- British history, culture, and society, including significant events, people, and traditions
- Rights and responsibilities of UK citizens, such as voting and paying taxes
- Education, healthcare, and social welfare systems in the UK
- Immigration, asylum, and citizenship laws and policies in the UK.
To pass the test, you must answer at least 18 out of 24 questions correctly. If you fail the test, you can retake it after seven days, but you will need to pay the test fee again.
English language requirement for ILR
When applying for Indefinite Leave to Remain (ILR) in the UK, you will generally be required to meet the English language requirements as part of the application process. The specific requirements will depend on your individual circumstances and the immigration category under which you are applying.
In general, to meet the English language requirement for ILR, you must provide evidence that you:
- Have a degree taught in English that is equivalent to a UK bachelor's degree, master's degree, or PhD;
- Have passed a Home Office approved English language test at the required level (currently CEFR level B1 or above) with a recognized test provider; or
- Have obtained an academic qualification taught in English from an institution that is recognized by UK NARIC (the National Recognition Information Centre for the United Kingdom).
It's important to note that some categories of applicants, such as those aged 65 or over or those with a long residence in the UK, may be exempt from the English language requirement.
If you need to take an English language test, you can find a list of Home Office approved test providers on the UK government's website. You should ensure that you meet the required level of English language proficiency before taking the test, as failing the test can delay your ILR application.
If you have any questions or concerns about the English language requirements for your ILR application, it's advisable to seek guidance from an immigration lawyer.
Documents required for ILR application
To apply for Indefinite Leave to Remain (ILR) as a parent of a British child, you will need to provide a range of documents as evidence to support your application. The specific documents required may vary depending on your individual circumstances and the visa category you currently hold.
Below are some common documents you may be required to provide:
- Current passport: Your current passport or travel document, as well as any previous passports or travel documents you have used to enter the UK.
- Biometric Residence Permit (BRP): Your BRP, which is a card that proves your right to live and work in the UK.
- Evidence of relationship: Evidence of your relationship to your child, such as their full birth certificate, and proof that they are a British citizen or have ILR.
- Continuous residence: Evidence that you have been continuously resident in the UK for at least 5 years, such as bills, tenancy agreements, bank statements, or employment records.
- Proof of financial requirement: Evidence that you meet the financial requirement, which includes documents such as bank statements, payslips, and tax returns.
- English language requirement: Evidence that you meet the English language requirement, such as an English language test certificate or a degree certificate from a UK university.
- Life in the UK test: Evidence that you have passed the Life in the UK test, such as a certificate of passing the test.
This is a general list of documents. Depending on type of application and your personal circumstances, you might also need to provide additional documents.
Please contact us for an initial assessment to determine your eligibility, and find out the required list of documents in support of your application.
It is recommended that you consult the immigration lawyer on applying for Indefinite Leave to Remain as a parent of a British child to ensure that you provide all the necessary documents for your application.
Read the guidance for the full list of documents you'll need to provide in the support of your Indefinite Leave to Remain (ILR) application.
ILR application processing time
You should get a decision within 3-6 months if you are applying for Indefinite Leave to Remain (ILR) using standard service. However, you may be able to use priority service to get a faster decision.
How long does the ILR application process take?
Once you have applied online and attended your biometrics appointment, you'll usually get a decision on your visa within:
- 3-6 months, if applying using standard service
- 5 working days, if applying using priority service
- 24 hours, if applying using super priority service
Super Priority Service
You may be eligible to use the “super priority service” to get a faster decision by the end of the next working day (within 24 hours). You'll need to pay £1,000 in addition to the ILR application fee.
You may be able to choose the 'priority service' when you apply for a UK visa to get a faster decision within 5 working days. You'll need to pay £500 in addition to the ILR application fee.
When you apply, you might be eligible to choose the 'super priority service' or 'priority service' to get your visa faster depending on the type of application.
ILR application fees
Home Office (UKVI) fee for Indefinite Leave to Remain (ILR) application is £2,404 per applicant if applying using standard service. You do not need to pay the IHS (Immigration Health Surcharge) if you are applying for Indefinite Leave to Remain (ILR).
Please note that these fees are subject to change, and you should always check the most up-to-date information on the UK government's official website before applying for a visa.
How much does an ILR application cost?
The cost of an Indefinite Leave to Remain (ILR) application varies depending on the type of application you are applying for and the type of service you are using such as 'standard service', 'super priority service', or 'priority service'.
Here are some common costs associated with applying for an indefinite leave to remain:
- £2,404 Indefinite Leave to Remain (ILR) application fee
- £19.20 Biometrics fee
- £50 Life in the UK test fee (unless you are exempt)
- £150 approx. English language test fee (unless you are exempt)
- £1,000 in addition to the application fee if using the super priority service
- £500 in addition to the application fee if using the priority service
- Immigration lawyer fees (if using legal services to boost your chances of success & avoid mistakes)
Please note that the above is a general list of costs associated with UK visa applications. There may be additional costs such translation fee depending on your circumstances.
Immigration lawyer fees
Our expert UK immigration lawyer will guide you through every step of the Indefinite Leave to Remain (ILR) application process including advice about legal requirements and eligibility criteria.
At Rex Law Chambers, our immigration lawyer charges a fixed fee between £800-£1000 for our complete legal services in relation to your Indefinite Leave to Remain (ILR) application. The agreed fixed fee will depend on the complexity of the matter and the casework involved in the matter.
How can an immigration lawyer help you?
If you need legal advice or help with your Indefinite Leave to Remain (ILR) application, our immigration lawyer can provide legal assistance.
Immigration lawyer at Rex Law Chambers will:
- advise you about eligibility criteria and the requirement;
- provide you with a comprehensive checklist of supporting documents;
- fill in and submit your ILR application;
- check all the supporting documents;
- upload all the supporting documents online in their correct format and order;
- schedule your biometrics appointments;
- prepare a cover letter or letter of representation to support your application;
- dealing and responding to any enquiries or correspondence from the Home Office (UKVI);
- do all the follow-up work on your ILR application until a decision is received from the Home Office (UKVI).
Contact our experienced and friendly immigration lawyer on 0161 989 9370 or fill in our enquiry form to get reliable & confidential immigration advice and legal assistance with a Settlement (ILR) application or any other immigration matter.
Frequently asked questions (FAQs)
Here are some commonly asked questions about Indefinite Leave to Remain (ILR):
Individuals with ILR are still subject to certain restrictions, such as the requirement to notify the Home Office of any changes in their circumstances, and they can lose their ILR status if they spend 2 or more continuous years outside the UK.
Each applicant needs to pay £2,404 for their Indefinite Leave to Remain (ILR) application if applying for ILR using the standard service.
The length of time it takes to receive a decision on an ILR application can vary depending on a number of factors, but typically it can take up to six months. You can pay extra for a priority service to receive a decision faster.
You must apply for ILR online by completing the relevant application form and providing supporting documents to prove that you meet the eligibility requirements.
Read this comprehensive guide to learn more about how to apply for ILR, the required documents and fees.
With ILR, you can live and work in the UK permanently, and you are not subject to immigration controls or restrictions. You may also be eligible for certain benefits, such as access to the NHS and social security benefits, among others.