Apply for ILR as a Parent of a British Child

A parent of a British or settled child can apply for Indefinite Leave to Remain (ILR) once they have completed 5 years (or 10 years in some cases) of residence in the UK under the parent route. An application for ILR as a parent of a British child is made in accordance with the requirements as set out in the Appendix FM: Family Members of the Immigration Rules. If applying under the 5-year route, you can opt for Super Priority Service to receive a decision on your ILR application within 24 hours. 

ILR (Indefinite Leave to Remain) as a parent of a British child allows a parent who has been living in the UK under the “Parent of a British Child” route to settle permanently in the UK after meeting the required residence period and other eligibility criteria. Once granted, you can live, work, and study in the UK without immigration restrictions and may later apply for naturalisation as a British citizen.

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Our dedicated team of UK immigration solicitors and lawyers in London specialises in ILR applications for parents of British children. We offer one-time, free immigration advice to address your specific questions about settlement applications for parents of British children. You can either call our free immigration advice helpline, 0044 20 3930 3900, to simply ask a question to our specialist UK immigration solicitors in London for fast and friendly free immigration advice and consultation, or you can schedule an appointment online for comprehensive and detailed immigration advice & consultation with one of our top-rated UK immigration solicitors and lawyers.

ILR - 5 Years Parent Route

You can apply for ILR as a parent of a British child 28 days before completing 5 years under the UK visa as a parent of a British child. An application for ILR as a parent of a British child under the 5 years route can be submitted to the UKVI through Super Priority Service so that you receive a decision on your ILR application within 24 hours.

To qualify for ILR as a parent of a British or settled child under the 5-year route, you must satisfy the following eligibility requirements of the Immigration Rules: 

Valid Application: You must submit a valid application for ILR as a parent of a British child by completing the SET (M) application form and paying the correct fee for the ILR application.

Relationship Requirement: You must provide evidence of your ongoing parental relationship with your child, which includes evidence of regular in-person contact or residence (including shared residence) with the child and active involvement in the child's life. Unless you are a parent with the sole responsibility for the upbringing of the child, you must provide either a consent letter from the other parent of the child confirming your involvement in the life of the child or a court order giving you the legal right to in-person contact with the child. Your child must be either a British citizen or settled in the UK. 

5 Years Residence: You must have completed 5 years (60 months) with leave to remain in the UK under the parent of a child visa (5 years route). You become eligible to apply 28 days before completing 5 years of residence under the parent of a child visa (5-year route). 

Adequate Maintenance Requirement: You must satisfy the adequate maintenance requirement as per Appendix FM SE of the Immigration Rules.

Adequate Accommodation Requirement: You must also meet the adequate accommodation requirement, which means that your accommodation must be secure and not overcrowded. 

Suitability Requirement: You must meet the suitability requirement for your ILR application, as per the suitability criteria set out in Appendix FM of the Immigration Rules. 

English Language Requirement: Unless you are aged 65 or over, you must meet the English proficiency requirement at CEFR level B1 in listening and speaking only. 

Life in the UK Test Requirement: Unless you are aged 65 or over, you must meet the Life in the UK test requirement to be eligible for a grant of ILR as a parent of a British child.

In some cases, it may also be possible to rely on exemption from the Life in the UK test and English test due to medial reason. 

ILR - 10 Years Parent Route

You can apply for ILR as a parent of a British child 28 days before completing 10 years of continuous and lawful residence if you are currently under the parent of a British child visa (10 years route). An application for ILR as a parent of a British child under the 10 years route is submitted by completing an online application form. You can include the time you’ve spent on any other visas which lead to indefinite leave to remain.

There are no financial requirements or adequate maintenance requirements for ILR as a parent of a child under the 10-year route. 

You cannot use Super Priority Service to apply for ILR as a parent of a British Child under the 10-year route. However, it may still be possible to apply for ILR based on 10 years long residence and submit your ILR application through Super Priority Service. 

The key requirements to qualify for ILR as a parent of a British child under the 10 years route include the following: 

Valid Application: You must submit a valid application for ILR as a parent of a British child by completing the online application form and paying the correct fee for the ILR application.

Relationship Requirement: You must provide evidence of your ongoing parental relationship with your child, which includes evidence of regular in-person contact or residence (including shared residence) with the child and active involvement in the child's life. Unless you are a parent with the sole responsibility for the upbringing of the child, you must provide either a consent letter from the other parent of the child confirming your involvement in the life of the child or a court order giving you the legal right to in-person contact with the child. 

10 Years Residence: You must have completed 10 years (120 months) with leave to remain in the UK under the parent of a child visa (5 years route) or in combination with visas which lead to ILR. You become eligible to apply 28 days before completing 10 years of residence under the parent of a child visa (10-year route). 

Adequate Accommodation Requirement: You must also meet the adequate accommodation requirement, which means that your accommodation must be secure and not overcrowded. 

Suitability Requirement: You must meet the suitability requirement for your ILR application, as per the suitability criteria set out in Appendix FM of the Immigration Rules. 

English Language Requirement: Unless you are aged 65 or over, you must meet the English proficiency requirement at CEFR level B1 in listening and speaking only. 

Life in the UK Test Requirement: Unless you are aged 65 or over, you must meet the Life in the UK test requirement to be eligible for a grant of ILR as a parent of a British child.

In some cases, it may also be possible to rely on exemption from the Life in the UK test and English test due to medial reason. 

Our Team of Leading Spouse Visa ILR Solicitors in London

Premium Solicitors Ltd is a London-based law firm specialising in providing high-quality legal services to individuals seeking to apply for ILR as parents of British children. Their expertise in immigration law ensures that clients receive personalised and thorough assistance throughout the immigration application process. The firm is particularly skilled in handling complex immigration cases. Their in-depth knowledge of UK immigration law allows them to navigate these challenges effectively, increasing the likelihood of a successful outcome.

Premium Solicitors Ltd is renowned for its client-focused approach, providing clear communication and support throughout the entire process. They understand the emotional and financial stress involved in UK immigration matters and work diligently to alleviate these concerns by providing transparent and reliable legal services. By choosing Premium Solicitors Ltd, clients benefit from a high level of expertise and a commitment to achieving the best possible results for their UK immigration applications. The firm’s reputation for thoroughness, professionalism, and success makes it a top choice for individuals seeking to apply for ILR as a parent of a  British child.

The exceptional quality of our UK visa and immigration services is reflected in our 5-star Google Reviews rating, with 99% of our clients expressing their satisfaction. Our dedicated team of London-based UK immigration solicitors is available 7 days a week, 365 days a year, providing unwavering dedication and outstanding legal support for ILR application as a parent of a British child.

At Premium Solicitors, located in the heart of London, we pride ourselves on offering unparalleled UK immigration services through our team of dedicated and specialist immigration solicitors. Our team comprises experienced professionals with a deep understanding of the complexities involved in UK immigration laws. This expertise allows us to provide bespoke solutions tailored to each client's unique circumstances.

Meet Our Key Team of UK Family Visa Solicitors:

If you need expert immigration advice and representation for your ILR application as a parent of a British child, look no further than Premium Solicitors in London. Our team of seasoned UK family visa solicitors is here to provide you with the professional support you need to navigate the complexities of your ILR application. Contact us today to schedule a consultation and take the first step towards achieving your goal of ILR as a parent of a British child. At Premium Solicitors, your successful ILR application is our top priority. Let our expertise be your advantage.

Schedule Your Consultation With Our Family Visa Solicitors

Looking for the best immigration advice and consultation for your ILR application? Our team of leading immigration solicitors for ILR applications are ready to give specialist legal advice for your ILR application. Our expert team of UK visa solicitors and advisors can provide comprehensive and detailed immigration advice and consultation face-to-face in our offices in London or Birmingham or virtually through Zoom, Skype, Microsoft Teams or Phone etc. Book your appointment today with one of our experienced UK visa solicitors using the appointment booking link provided below:

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Frequently Asked Questions (FAQs)

The following are various Frequently Asked Questions (FAQs) about the ILR as a parent of a British child: 

You may be eligible for indefinite leave to remain if you have a family visa as a parent. You can apply for ILR as a parent of a British child either under the 5 years route or under the 10 years route. 

If applying for ILR as a parent of a British child under the 5 years route, you must have completed the continuous period of 5 years with leave to remain granted under the parent of a British child visa (5 years route). You cannot combine time spent on any other type of visa when applying for ILR under the parent of a child visa (5 years route). You are allowed to apply 28 days before completing the qualifying period of 5 years. 

If applying for ILR as a parent of a British child under the 10 years route, you must be currently in the UK with leave to remain as a parent of a British child and you are allowed to combine any previous leave to remain under other visa routes which lead to ILR. You are allowed to apply 28 days before completing the qualifying period of 5 years. 

Yes, you can apply for ILR as a parent of a British child through Super Priority Service to get a decision within 24 hours if you are applying for ILR under the 5 years route. 

If you are applying for ILR as a parent of a British child under the 10 years route, you cannot submit your ILR application through Super Priority Service. However, you may have the option to apply for ILR based on 10 years long residence if you meet the eligibility criteria for ILR 10 years long residence. 

To qualify for ILR as a parent of a British child, you must meet the requirements of a parental 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.

Your child must usually be under 18 on the date you apply for indefinite leave to remain if you are applying for ILR on the 5 year route.

If your child is 18 or over you can still apply if both:

  • your child was under 18 when you got your family visa as a parent
  • your child does not live an independent life - for example, they have not left home, got married or had children

If you’re applying on the 10 year route your child does not have to be under 18.

If you are applying for ILR as a parent of a British child under the 5 years route, you must meet the financial requirement i.e. adequate maintenance requirement. 

You do not have to meet the financial requirement of adequate maintenance if you are applying for ILR as a parent of a British child under the 10-year route. 

If applying for ILR as a parent of a British child under the 5 years route, you can include your other children on your application if they’re eligible - the eligibility is different for children under 18 or 18 and over.

If applying for ILR as a parent of a British child under the 10 years route, you cannot include your other children in your application. Your dependent child may still be able to apply for ILR separately. 

ILR (Indefinite Leave to Remain) as a parent of a British child allows a parent who has been living in the UK under the “Parent of a British Child” route to settle permanently in the UK after meeting the required residence period and other eligibility criteria. Once granted, you can live, work, and study in the UK without immigration restrictions and may later apply for British citizenship.

You may be eligible for ILR as a parent of a British child under the 5-year route if you:

  • Have completed 5 years in the UK on the parent route (under Appendix FM).
  • Continue to have parental responsibility or direct access to your British or settled child.
  • The child is living in the UK and is either British or has settled status (ILR).
  • Can meet the financial requirement of adequate maintenance to maintain yourself and any dependants without any public funds.
  • Have complied with all immigration conditions throughout your leave.
  • Can demonstrate adequate English language ability and have passed the Life in the UK Test.
  • Have not breached UK immigration laws or committed any criminal offences.

No, you cannot apply for ILR as a parent of a British child under the 5-year route if you have not completed the 5 years with leave to remain granted as a parent of a British child under the 5-year route. The earliest you can apply is 28 days before completing 5 years with leave to remain under the 5-year route. 

No, you cannot combine any previous time spent on a spouse/partner visa towards the 5-year qualifying period for ILR when applying for IRL as a parent of a British child. Only the period spent under the parent route counts towards the 5 years for ILR as a parent of a British child.

Time spent under another route (e.g., partner or private life) will not normally count towards ILR under this category unless applying under the 10-year parent route or the 10-year long residence route.

You can apply for Indefinite Leave to Remain (ILR) as a parent of a British child if:

  • You have leave to remain in the UK as a parent under Appendix FM of the Immigration Rules;
  • Your child is British or has settled status;
  • You continue to have parental responsibility or direct access to the child; and
  • You meet all suitability, residence, and financial requirements (if applicable).

The qualifying period for ILR as a parent of a British child is usually:

  • 5 years if you were granted leave under the 5-year parent route; or
  • 10 years if you were granted leave under the 10-year parent route (e.g. based on exceptional circumstances or Article 8 ECHR grounds).

Yes. You can still apply for ILR as a parent of a British child as long as you have direct access to the British child (as agreed with the other parent or by a court order) and you are actively involved in the child’s upbringing.

To qualify for ILR as a parent of a British child, you must:

  • Have lawful continuous residence in the UK for the qualifying period;
  • Continue to have a genuine and subsisting parental relationship with the British child;
  • Demonstrate suitability (no serious criminal convictions, immigration breaches, etc.);
  • Pass the Life in the UK Test (unless exempt); and
  • Meet the English language requirement (unless exempt).

If your British child no longer resides in the UK, you generally cannot qualify for ILR under this route, unless exceptional circumstances are showing that refusal would breach your right to family life under Article 8 of the ECHR.

The standard processing time for ILR as a parent of a British child is up to 6 months. If you are applying for ILR under the 5-year route, you can use the Super Priority Service to get a decision within 24 hours.  

If you do not meet all requirements for ILR as a parent of a British child, you may still be eligible to extend your leave to remain under the 10-year parent route until you meet the requirements for settlement.

There are many benefits of obtaining Indefinite Leave to Remain (ILR) as a parent of a British child. The main benefits include the following:

  • You can live and work in the UK without immigration restrictions;
  • You can access public funds (if eligible);
  • You may apply for British citizenship after 12 months (if you meet the residence and good character requirements).

No. The IHS does not apply to ILR applications. It only applies to limited leave applications.

Yes. Our specialist immigration solicitors at Premium Solicitors can:

  • Assess your eligibility for ILR as a parent of a British child;
  • Provide fixed-fee quotes with no hidden costs.
  • Prepare and submit your application with strong legal representations;
  • Advise on required documents and evidence; and
  • Submit your application through Super Priority Service for a decision within 24 hours.

Premium Solicitors is a London-based law firm with specialisation in UK visa & immigration matters. Premium Solicitors is the trading name of Premium Solicitors Ltd (company registration number 14268786). Premium Solicitors Office is regulated by the Solicitors Regulation Authority (SRA) under SRA ID 8001468. Premium Solicitors are also members of the Immigration Law Practitioners' Association (ILPA).

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