Apply for Indefinite Leave To Enter (ILE) as a Child - Priority Service for a Decision Within 30 Working Days

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 must establish sole responsibility for the child, as it is not easy to meet that requirement. An application for entry clearance for Indefinite Leave to Enter (ILE) as a child is made in accordance with the requirements of immigration rules as set out in paragraph 297 of the Immigration Rules.

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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 is 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 is 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 the Upbringing of the Child

Where an 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 the 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 were 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.

How to Calculate the Adequate 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 dependents 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 to maintain the whole family unit, 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

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 representation on a 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 the application form: Our child visa solicitors will complete the relevant application form for your Indefinite Leave to Enter (ILE) entry clearance as a child.

Submitting application via Priority Service: Where possible, our child visa solicitors will submit your online entry clearance application through priority service to get a faster decision on your entry clearance application for Indefinite Leave to Enter (ILE) as a child.

Booking an appointment with the application centre: After you submit your entry clearance application online, our child visa solicitors will book your appointment with the application centre 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 for Indefinite Leave to Enter (ILE) as a child, explaining that all relevant legal requirements have been satisfied.

Uploading documents online: Before the biometrics enrolment date, our child visa solicitors will upload all supporting documents online to support the entry clearance application for Indefinite Leave to Enter (ILE) as a child.

Follow-up work: Our child visa solicitors will handle all follow-up until the Entry Clearance Officer (ECO) issues a decision on the entry clearance application for Indefinite Leave to Enter (ILE) as a child.

Specialist Child Visa Solicitors

Our child visa solicitors are specialists in entry clearance applications for a child to be granted Indefinite Leave to Enter (ILE) from outside the UK. As one of the best child visa solicitors, we have an excellent track record of helping clients secure Indefinite Leave to Enter (ILE) for their child from outside the UK. Our highly experienced and fully qualified child visa solicitors can provide fast, friendly, reliable, and fixed-fee immigration advice and legal representation for your child's Indefinite Leave to Enter (ILE) from outside the UK. 

The high quality of UK visa and immigration legal services provided by our best team of immigration lawyers is self-evident from the 5-star Google Reviews rating by 99% of our clients. Our London-based immigration solicitors are available 7 days a week, 365 days a year, offering unwavering dedication and exceptional legal support for a wide range of UK visa and immigration cases. Our team of highly regarded immigration solicitors brings together more than 6 decades of collective, specialised expertise in successfully handling UK visa and immigration applications.

Meet Our Team of Child Visa Solicitors in London

At Premium Solicitors, our strength lies in the expertise, dedication, and unwavering commitment of our child visa solicitors in London. We understand that immigration matters are life-changing events, and our team is here to guide you through every step of the xxx process with professionalism and care. 

Our team comprises a diverse group of child visa solicitors, each bringing a wealth of experience and knowledge. We are united by a shared goal: to deliver the highest level of legal support and advocacy tailored to your immigration needs.

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Schedule Your Consultation With Our Child Visa Solicitors

Are you seeking expert immigration advice and consultation from our highly experienced and qualified team of child visa solicitors and lawyers in London? It's easy to secure an appointment with our dedicated child visa specialists. Our expert team of child visa solicitors and advisors can provide detailed immigration advice and consultation, face-to-face in our offices in London and Birmingham or virtually via Zoom, Microsoft Teams, WhatsApp, or Phone. Book your appointment today using the appointment booking link provided below:

• Book An Appointment Online With Our Immigration Solicitors in London

Our immigration lawyers are ready to assist you with your child's visa Indefinite Leave to Enter (ILE) application. Book your appointment today for personalised guidance and support.

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. 
• Our fixed fee for the entry clearance application does not cover any disbursements, e.g., the UKVI fee for the application, and the applicant must separately pay the Home Office UKVI fees for the entry clearance application.

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