If your child is living in the UK illegally

Your child will be living in the UK illegally if they came without a visa or they’ve stayed longer than their visa said they could. This is called ‘overstaying’. 

If your child is here illegally, you should apply for them to live in the country legally before they’re 18. It’s a good idea because:

• the application process will be easier if they’re under 18

• they can continue with their education beyond 16

• they'll be able to work or claim benefits when they're old enough

If you're also here illegally, you can apply at the same time as your child. If your child's application is successful, you might be able to stay.

If you're here legally, but your child isn't, you should get help from a specialist immigration adviser. 

Get specialist help

You’ll always need the help of a specialist immigration adviser to register a child who’s living here illegally - the application is a complicated process. You can read more about finding a specialist immigration adviser.

Important

If you need extra support

A specialist immigration adviser will tell you the best way to legalise your child's immigration status - don't worry, it'll be completely confidential.

They'll also be able to give you advice on your own immigration status if you're in the UK illegally. 

If your child was born outside the UK

You can apply for your child to get 'leave on the ground of private life' in the UK if both of the following apply:

• they're under 18 years old

• they have lived in the UK for at least 7 years in a row

You can read more about applying for leave on the grounds of private life on GOV.UK.

If your child was born in the UK

If your child was born in the UK, there are different ways to get them a legal immigration status. You can:

• register them as a British citizen

• apply for ‘leave on the grounds of their private life' in the UK

• apply for the same leave as you or their other parent - if their parents have different lengths of leave, you can apply for the longer amount of leave for your child

Register your child as a British citizen

You can register your child as a British citizen after they’ve lived in the UK for 10 years. You can read more about how to register your child as a British citizen on GOV.UK. You should get specialist help to do this - read more about finding an immigration specialist.

Registering your child as a British citizen is the best option, because they:

• will be able to work legally

• they can continue with their education after 16

• can get NHS healthcare

• will be eligible for benefits

Apply for leave on the grounds of private life in the UK

You can apply for indefinite leave for your child if they were born in the UK and have been living here for at least 7 years in a row.

You’ll need to pay a fee to apply for indefinite leave - check the cost of ‘Indefinite leave to remain - main applicants and dependants’ on GOV.UK.

If your child wasn’t born in the UK or you can’t afford the fees for indefinite leave, you might be able to apply for limited leave instead. This means you’ll have to renew the leave every 2 and a half years.

The application for limited leave is more likely to succeed if there are specific reasons why your child shouldn’t leave the UK - for example, they’re receiving medical treatment here or they need to continue their education here.

The application might be granted with a condition that they can’t get benefits when they turn 18. When you apply, you can ask the Home Office not to put it in. If they do, you can apply for them to remove it later.

When you apply for limited leave or apply to renew it, you’ll have to pay:

• the cost of the visa - check the cost of a ‘Leave to remain - Other’ visa on GOV.UK

• an ‘immigration health surcharge’ - check the amount of the immigration health surcharge on GOV.UK

If you can’t afford the fees, you might be able to apply for a fee waiver - check if you can get a fee waiver on GOV.UK.

You can read more about applying for leave on the grounds of private life on GOV.UK.