You can apply for Indefinite Leave to Enter (ILE) from outside the UK as a child of a British Citizen or a settled individual to join your parent(s) in the UK. However, the refusal rate for such applications is notably high, particularly when the UK sponsor must prove sole responsibility for the child. This requirement can be difficult to fulfill, making it crucial to ensure that all necessary documentation is provided. The application for entry clearance under Indefinite Leave to Enter (ILE) as a child is governed by the immigration rules outlined in paragraph 297 of the Immigration Rules.

Aden & Co Solicitors are dedicated UK immigration specialists, providing exceptional legal services in the field of UK visa and immigration law. Our highly qualified and experienced team of immigration solicitors consistently delivers top-tier services, which is evident from our outstanding 5-star Google Reviews rating, with 99% of our clients expressing satisfaction.

Our expert child visa solicitors, based in London, specialize in securing entry clearance for children. With extensive experience and a track record of successfully assisting thousands of clients, our team is well-equipped to handle your child visa entry clearance application. We offer fast, friendly, reliable, and transparent fixed-fee immigration services, ensuring a smooth process for your child’s visa application.

You can ask our specialist team of child visa solicitors for free immigration advice online, or alternatively, schedule an appointment for in-depth immigration consultation concerning your Indefinite Leave to Enter (ILE) application as a child of a British Citizen or settled individual.

Eligibility Requirements for Indefinite Leave to Enter (ILE) as a Child under Aden & Co Solicitors

To be eligible for Indefinite Leave to Enter (ILE) the United Kingdom as a child of a parent, parents, or a relative who is present and settled, or being admitted for settlement, in the UK, the following criteria must be met:

• Purpose of Application: The child must seek leave to enter to accompany or join a parent, parents, or relative under one of the following circumstances:
  • Both parents are settled in the United Kingdom.
  • Both parents are being admitted for settlement at the same time.
  • One parent is settled in the United Kingdom, and the other is being admitted for settlement at the same time.
  • One parent is settled in the UK, and the other is deceased.
  • One parent is settled or being admitted for settlement, and they have sole responsibility for the child’s upbringing.
  • A parent or relative is settled or being admitted for settlement, and there are compelling family or personal reasons to allow the child to enter. Suitable arrangements for the child’s care must also be in place.

• Age Requirements: The applicant must be under 18 years of age at the time of application.
• Living Status: The child must not be leading an independent life, must be unmarried, and must not be in a civil partnership or have established an independent family unit.
• Accommodation and Maintenance: The child must be able to live in suitable accommodation without recourse to public funds, provided by the parent, parents, or relative they are joining. The accommodation must be exclusively owned or occupied by the sponsor. Additionally, the child must be maintained adequately by the parent, parents, or relative, without relying on public funds.
• Valid Entry Clearance: The child must hold a valid UK entry clearance for entry under this category.
• General Grounds for Refusal: The applicant must not fall under any general grounds for refusal under UK immigration laws.

Sole Responsibility for Child’s Upbringing in Immigration Applications

When applying for child entry clearance under paragraph 279(i)(v) of the Immigration Rules, the sponsoring parent must demonstrate that they have had sole responsibility for the child’s upbringing. According to UK court rulings, “sole responsibility” is determined based on the facts and all available evidence. If one parent is not actively involved in the child’s upbringing due to abandonment or neglect of responsibility, the question may arise between the remaining parent and others providing daily care for the child abroad. The key test in such cases is whether the parent maintains continuous control and direction over the child’s upbringing, including making all significant decisions in the child’s life. However, when both parents share involvement in the upbringing, it is rare for one to be deemed to have “sole responsibility.”

The UK courts further clarify that the intention behind paragraph 297 is to preserve family unity. Sub-paragraphs (a) to (d) of paragraph 297(i) outline situations where the child either joins one or both parents in the UK or seeks to be reunited with them after they have already settled. The ultimate aim is for the child and parents to live together in the UK, with the exception of cases where one parent is deceased, allowing the surviving parent to reside in the UK with the child.

On the other hand, paragraph 297(i)(e) pertains to scenarios where one parent is already in the UK, and the other remains abroad, potentially causing family separation. The sole responsibility requirement in this context acts as a safeguard to prevent separation in cases where the parent abroad is still actively involved in the child’s upbringing. Admitting a child for settlement under this provision would typically contradict the policy of maintaining family unity unless specific conditions under paragraph 297(i)(f) are met.

Paragraph 297(i)(f) demands serious and compelling family or other considerations that would make it undesirable to exclude the child. Thus, family separation through this provision is generally justified only when the parent abroad is not involved in the child’s upbringing, or if circumstances, including the child’s best interests, necessitate such a decision. This underscores the importance of Aden & Co Solicitors in guiding applicants through these complex legal nuances and ensuring that the “sole responsibility” test is properly applied to maintain family unity whenever possible.

Adequate Maintenance Requirement for Indefinite Leave to Enter (ILE)

To qualify for entry clearance for Indefinite Leave to Enter (ILE) as the child of a British citizen or a settled person, the applicant must meet the adequate maintenance requirement. As per UK immigration regulations, this requirement ensures that after deducting income tax, national insurance contributions, and housing expenses, the applicant or their family has an income level or financial resources equivalent to what would be provided through income support.

In the landmark case of Ahmed [benefits; proof of receipt; evidence] Bangladesh [2013] UKUT 84 [IAC], the Upper Tribunal directed the Home Office to include clear financial figures in all decision letters where refusals are based on inadequate maintenance.

Thus, decision-makers reviewing applications for entry clearance, leave to remain, further leave to remain, or indefinite leave to remain must outline the financial circumstances of the applicant and their sponsor in any refusal cases by applying the following formula:

A – B ≥ C

Where:

• A represents the net income (after the deduction of income tax and National Insurance contributions)
• B refers to housing costs (the expenses related to accommodation)
• C denotes the equivalent level of Income Support available to a British family of the same size.

The Immigration Rules do not set a fixed amount for the required income or funds to fulfill the ‘adequate’ maintenance criterion, as this depends on the specific case and the number of dependants in the family unit. If dependants accompany the main applicant or remain with them in the UK, sufficient financial resources must be available to maintain the entire family unit adequately, regardless of their nationality or immigration status.

At Aden & Co Solicitors, our expert team of immigration professionals can thoroughly assess your personal situation, including household income, family members, and housing costs. We will provide tailored advice on whether you meet the adequate maintenance requirement for your visa application, ensuring you have the necessary resources to meet UK immigration standards.

Adequate Accommodation Requirement for Child Visa Entry Clearance to the UK

When applying for a child visa entry clearance to the UK, the applicant is required to provide clear evidence that the family will have sufficient accommodation. This includes all family members residing in the same household, whether they are part of the application or not. The accommodation must be exclusively owned or occupied by the family, and it must not rely on public funds. Accommodation will be deemed inadequate if:

• It is overcrowded, or
• It violates public health regulations.

How Aden & Co Solicitors Can Assist You

At Aden & Co Solicitors, our team of child visa specialists offers expert legal advice and representation on a fixed fee basis for your entry clearance application for Indefinite Leave to Enter (ILE) as a child. Our fixed fee includes comprehensive assistance from start to finish, ensuring that your entry clearance application is handled efficiently until a decision is made by the Entry Clearance Officer (ECO).

Here’s how our child visa solicitors will support your application:

Expert Guidance on Eligibility: Our solicitors will provide in-depth advice on the requirements necessary to ensure the success of your entry clearance application for Indefinite Leave to Enter (ILE) as a child.

Comprehensive Document Checklist: We will prepare and send you a detailed list of the required documents to accompany your entry clearance application.

Document Assessment: Our solicitors will carefully assess your supporting documents to ensure they meet the Immigration Rules, and are aligned with the requirements of the application process.

Form Completion: We will assist you in completing the correct application form for your entry clearance request, ensuring accuracy and compliance with all guidelines.

Priority or Super Priority Service: Where possible, our solicitors will submit your entry clearance application using Priority or Super Priority services, helping to expedite the decision-making process.

Appointment Coordination: After submitting your application, we will schedule your biometrics appointment at the application centre, ensuring that all necessary steps are completed on time.

Detailed Cover Letter Preparation: Our team will prepare a comprehensive cover letter to accompany your application, outlining how all legal requirements have been satisfied for a successful outcome.

Online Document Submission: Prior to your biometrics appointment, we will upload all supporting documents to the relevant online platform, ensuring they are considered by the Entry Clearance Officer (ECO).

Ongoing Support and Follow-Up: We will continue to monitor the progress of your application and perform all necessary follow-up tasks until a final decision is made by the ECO.

Aden & Co Solicitors: Specialized One-Off Services for UK Entry Clearance Applications

At Aden & Co Solicitors, we offer a comprehensive range of one-off legal services tailored to UK entry clearance applications, including those for child visas. These services are perfect for individuals who prefer not to engage in our full-service package but still require professional legal assistance. By choosing our one-off services, applicants can receive expert guidance for specific aspects of their entry clearance process. Explore the following one-off legal services available for UK visa entry clearance applications:

Fixed Fees for Entry Clearance Application for Indefinite Leave to Enter (ILE) as a Child of a British Citizen or Settled Person

At Aden & Co Solicitors, we offer a fixed fee for your Entry Clearance Application for Indefinite Leave to Enter (ILE) as a child of a British Citizen or a settled person, ranging from £1,200 to £2,500 (excluding VAT). The final fee is determined based on the complexity of your case and the extent of work required for the application process. To receive a personalized fixed fee quote for your specific circumstances, you can easily obtain one online.

Please note that our fixed fee does not include additional disbursements such as the UKVI application fee. The applicant is responsible for directly paying any Home Office UKVI fees associated with the entry clearance application.

Additional Services Offered by Aden & Co Solicitors