Indefinite Leave To Enter (ILE) As A Child

• Page Contents
• Overview
• Eligibility Requirements
• Sole Responsibility
• Adequate Maintenance Requirement
• Adequate Accommodation Requirement
• How Can We Help?
• Our Fixed Fees
• Other Related Services

You can apply for Indefinite Leave to Enter (ILE) from outside the UK as a child of a British Citizen or settled person to join your parent(s) in the UK. The refusal rate is very high in cases where the UK sponsor has to establish the sole responsibility for the child as it is not easy to meet the sole responsibility requirement. An application for entry clearance for Indefinite Leave to Enter (ILE) as a child is made in accordance with requirements of immigration rules as set out in paragraph 297 of the Immigration Rules.

Our expert team of child visa solicitors in London specialise in child visa entry clearance applications. Our specialist child visa solicitors have successfully helped thousands of clients with the child visa entry clearance applications. We can provide fast, friendly, reliable and fixed fee immigration services concerning your child visa entry clearance application.

Ask a question online to our specialist team of child visa solicitors for free immigration advice online or book an appointment online for a detailed immigration advice and consultation with one of our child visa solicitors conerning your entry clearance application for Indefinite Leave to Enter (ILE) as a child of a British Citizen or settled person.

Eligibility Requirements For Indefinite Leave To Enter (ILE) As A Child

The requirements to be met by a person seeking indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom are that he:

• is seeking leave to enter to accompany or join a parent, parents or a relative in one of the following circumstances:
  • both parents are present and settled in the United Kingdom; or
  • both parents are being admitted on the same occasion for settlement; or
  • one parent is present and settled in the United Kingdom and the other is being admitted on the same occasion for settlement; or
  • one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and the other parent is dead; or
  • one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and has had sole responsibility for the child’s upbringing; or
  • one parent or a relative is present and settled in the United Kingdom or being admitted on the same occasion for settlement and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child’s care; and
• is under the age of 18; and
• is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit; and
• can, and will, be accommodated adequately by the parent, parents or relative the child is seeking to join without recourse to public funds in accommodation which the parent, parents or relative the child is seeking to join, own or occupy exclusively; and
• can, and will, be maintained adequately by the parent, parents, or relative the child is seeking to join, without recourse to public funds; and
• holds a valid United Kingdom entry clearance for entry in this capacity; and
• does not fall for refusal under the general grounds for refusal.

Sole Responsibility For Upbringing The Child

Where application for child entry clearance is made under paragraph 279(i)(v) of the Immigration Rules, the sponsoring parent has to show that he/she has had sole responsibility for child's upbringing. The UK courts have defined the sole responsibility as follows:

"Sole responsibility" is a factual matter to be decided upon all the evidence. Where one parent is not involved in the child's upbringing because he (or she) had abandoned or abdicated responsibility, the issue may arise between the remaining parent and others who have day-to-day care of the child abroad. The test is whether the parent has continuing control and direction over the child's upbringing, including making all the important decisions in the child's life. However, where both parents are involved in a child's upbringing, it will be exceptional that one of them will have "sole responsibility".

It has been further ruled by the UK courts that "the purpose of paragraph 297 is clear: it is designed to maintain or effect family unity. Under sub-paragraphs (a) to (d) of  paragraph 297(i), the child  is accompanying his parents or a parent to live in the UK or he is seeking to join them when they are already settled in the UK. The end product is that parents and child live together in the UK; only if one parent is dead will the other be able to be in the UK alone with the child. By contrast, paragraph 297(i)(e) is concerned with settlement where one parent is in the UK and the other is abroad and will remain so. Paragraph 297(i)(e) has the potential to split up a family and separate a child from one of its parent abroad who is involved in its life. It is only the requirement of "sole responsibility" which acts as a control mechanism. It would, in our view, usually  run  counter  to the policy of family unity to admit a child for settlement where the parent abroad is caring for the child and involved in its upbringing, unless the requirements of paragraph 297(i)(f) are met. This must be borne in mind when interpreting, and applying, the test of "sole responsibility". The requirements of that latter sub-paragraph are onerous requiring "serious and compelling family or other considerations which make exclusion of the child undesirable". Hence, the family will be split up only because the parent abroad has no involvement for the child's upbringing (para 297(i)(e) applies) or, where there is involvement, because all the circumstances (including the child's interests) require such a result (para 297(i)(f) applies)."

Adequate Maintenance Requirement

To qualify for entry clearance for Indefinite Leave to Enter (ILE) as a child of a British citizen / settled person, the applicant must show that he/she meets the adequate maintenance requirement. According to UK immigration rules, adequate maintenance requirement means that, after income tax, national insurance contributions and housing costs have been deducted, there must be available to the person or family the level of income or funds that would be available to them if the person or family was in receipt of income support. 

The Upper Tribunal case of Ahmed [benefits; proof of receipt; evidence] Bangladesh [2013] UKUT 84 [IAC] directed the Home Office to evidence financial figures in all decision letters in which refusal was based on inadequate maintenance.

Therefore, decision makers considering an application for entry clearance, leave to remain, further leave to remain or indefinite leave to remain which has to meet a requirement for adequate maintenance must set out the financial position of the applicant/sponsor in all cases that fall for refusal using the following formula:

A –B ≥ C

A minus B is greater than or equal to C.

Where:

• A is the net income (after deduction of income tax and National Insurance contributions);
• B is housing costs (i.e. what needs to be spent on accommodation); and
• C is the amount of Income Support an equivalent British family of that size can receive

The Immigration Rules do not specify the level of income or amount of funds sufficient for ‘adequate’ maintenance. This will be case specific and depend on the number of dependants in the family unit. If dependants of the main applicant are going to accompany them to, or remain with them in, the UK, then sufficient resources must be available for the whole family unit to be adequately maintained, regardless of their nationality or immigration status.

Our specialist team of immigration solicitors can assess your personal circumstances including your household family members, your household net income and housing costs and advise you whether or not you satisfy the adequate maintenance requirement for your application.

Adequate Accommodation Requirement For Child Visa Entry Clearance UK

The applicant must provide specified evidence that there will be adequate accommodation, without recourse to public funds, for the family, including other family members who are not included in the application but who live in the same household, which the family own or occupy exclusively: accommodation will not be regarded as adequate if-

1. it is, or will be, overcrowded; or
2. it contravenes public health regulations.

How Can We Help?

Our specialist team of child visa solicitors can provide expert immigration advice and legal representations on fixed fee basis in relation to your entry clearance application for Indefinite Leave to Enter (ILE) as a child. Our fixed fee for your entry clearance application for Indefinite Leave to Enter (ILE) as a child will cover all the work of our child visa solicitors on your entry clearance application until a decision is made by the Entry Clearance Officer (ECO) on your application. The casework to be carried out by our child visa solicitors in relation to your entry clearance application for Indefinite Leave to Enter (ILE) as a child will entail the following:

• Advice on requirements: Our child visa solicitors will advise you on the relevant requirements you have to meet for your entry clearance application for Indefinite Leave to Enter (ILE) as a child to succeed.
• Advice on documents: Our child visa solicitors will prepare and email you a comprehensive list of supporting documents to be submitted in support of your entry clearance application for Indefinite Leave to Enter (ILE) as a child;
• Assessment of documents: Our child visa solicitors will assess your documents to make sure that all the documents you provide in support of your entry clearance application for Indefinite Leave to Enter (ILE) as a child are in accordance with the requirements of the Immigration Rules.
• Completing application form: Our child visa solicitors will complete the relevant application form for your entry clearance application for Indefinite Leave to Enter (ILE) as a child.
• Submitting application through Priority or Super Priority Service: Where possible, our child visa solicitors will submit your online entry clearance application through priority or super priority service to get faster decision on your entry clearance application for Indefinite Leave to Enter (ILE) as a child.
• Booking an appointment with the application centre: After the online submission of your entry clearance application, our child visa solicitors will book your appointment with the application centre for you to enrol your biometrics.
• Preparing a detailed cover letter: Our specialist child visa solicitors will prepare a detailed cover letter in support of the entry clearance application to explain all the relevant legal requirements have been satisfied for the approval of the entry clearance application for Indefinite Leave to Enter (ILE) as a child;
• Uploading documents online: Before the biometrics enrolment date, our child visa solicitors will upload online all the supporting documents to be considered in support of the entry clearance application for Indefinite Leave to Enter (ILE) as a child.
• Follow up work: Our child visa solicitors will carry out all the follow up work until decision by the Entry Clearance Officer (ECO) on the entry clearance application for Indefinite Leave to Enter (ILE) as a child.

Our One-Off Services For Entry Clearance Applications

Our child visa solicitors can also provide a wide range of one-off legal services for UK visa entry clearance applications. Using our one-off services can help those who do not want to use our full service for the entry clearance application. You can use one of the following one-off legal services offered for UK visa entry clearance applications:

• One-Off Immigration Advice and Consultation
• Immigration Documents Checking Service
• Application Form Completion Services
• Submitting Application Through Priority and Super Priority Service
• Preparing Cover Letter For Immigration Application
• Uploading Supporting Documents Online

Our Fixed Fees For Entry Clearance Application For Indefinite Leave to Enter (ILE) As A Child

• Our child visa solicitors will charge a fixed fee ranging from £1,200 to £2,500 (no VAT) for your entry clearance application for Indefinite Leave to Enter (ILE) as a child of a British Citizen or a settled person. The agreed fixed will depend on the complexity of the application and the volume of work involved in the entry clearance application. You can get a fixed fee quote online for your entry clearance application for Indefinite Leave to Enter (ILE) as a child of a British Citizen or settled person.
• Our fixed fee for the entry clearance application does not cover any disbursements e.g. UKVI fee for the application and the applicant has to separately pay the Home office UKVI fees for the entry clearance application.

Other Related Services

• Children Of British Citizens / Settled Persons
• Adopted Children Of British Citizens / Settled Persons
• Applications By Surrogate Children
• Registering A Child As A British Citizen - MN1 Application
• Registering A Child Born In The UK After 10 Years Residence - Form T Application
• Registering A Stateless Child As A British Citizen
• Application For Right Of Abode UK
• British Passport Application