British Child on ILR

I am applying for ILR in the next week or so. We have a child together that is a newborn and doesn’t have a passport yet. She is British as she was born here and her father is a citizen. Do we even need to mention her or should I simply include her UK issued birth certificate? I think all children need to be mentioned for a spouse visa even though British children don’t need a salary increase…but I don’t know if she needs to be mentioned for ILR?

You do need to mention her in the application, and you also need to include:

- her birth certificate
- her passport… but if she doesn’t have one yet, just explain this in either a note on the application (if there’s an option to do so) or in a cover letter
- a letter dated in the last 3 months confirming her address (I.e. from the hospital or her GP)

The reason you still have to mention her is because if the application falls for refusal they will look to see if you qualify to be put on the 10-year path to ILR instead… and usually they will only grant this if you have a British citizen child living in the U.K. whose life would be seriously affected if you had to leave the U.K. and your family was to be split up.


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Thank you! Being as she’s 7 weeks old, having a passport isn’t feasible yet so I’ll just explain that.

I don’t see any reason for the application to be refused but if it were, would the fact that she’s a British citizen mean I would stay on the 10 year route?  Or would they kick me out regardless because she’s so young? I’ve read simply having a British child puts you  on the 10 year route, but I don’t know for sure.

I mean any child’s life would be seriously affected if a parent was forced to live away from them but the HO doesn’t really care about that I’m sure.

I don’t see any reason for the application to be refused but if it were, would the fact that she’s a British citizen mean I would stay on the 10 year route?  Or would they kick me out regardless because she’s so young? I’ve read simply having a British child puts you  on the 10 year route, but I don’t know for sure.

Well, the 10-year route is not guaranteed, but usually if you have a British child, that's a compelling enough reason for them to grant it... because it's a human rights issue: the child has a right to a life in the UK and to not have to leave the country... and separating them from their parent would be detrimental to their wellbeing, so they are more likely to allow the parent to stay in the UK if they have a British child, than if they had no children at all.

I don’t see any reason for the application to be refused but if it were, would the fact that she’s a British citizen mean I would stay on the 10 year route?  Or would they kick me out regardless because she’s so young? I’ve read simply having a British child puts you  on the 10 year route, but I don’t know for sure.

You are being asked all these questions due to all the abuse from too many who try to stay in the UK when they have no right to stay. These often enter the UK as an international student, can't find a work sponsor to reach ILR and they don't want to go home. They try to stay in the UK anyway they can and often they try to reach the 10 years of legal stay for ILR, by any means and the UK had/has to bring new rules or laws to stop/remove these.

If you tick all the boxes for the visa, you will get a visa. The reason for the details for any human rights, is for the HO staff to now look at this at the same time, if the applicant cannot have a visa to remain. Under the Immigration Act 2016, Human Rights appeals are now outside the UK, which is not what they want as they want to remain in the UK: and their human rights appeals (continued appeals until they exhaust all their appeal rights) will likely fail anyway.

This is just one of the many examples where the dishonest migrants always make it harder for the honest people.

I always thought an invalid application now not having protection of 3C of the Immigation Act 1971, due to the abuse, is one of the worst things for an honest migrant who made a careless mistake. Also the 28 days allowed if they forgot to renew their visa, that was also removed due to those who just didn't bother to renew on time (abused the spirit of that 28 days).

Sorry, I know this is an old thread, but I have the same question. I'm currently filling out my ILR application  - SET(M). The only question on the application about kids are:

Do you and your partner have any children together? (Yes)
Do you have any children whose parent is not your partner? (No)
Does your partner have any children living in the UK from a previous relationship? (No)

And then at the end when it generates a list of documents to provide, there is nothing on there about kids.

I am an American married to a British citizen, and our two kids are dual citizens as a given due to nationality laws in both countries. Is that why it's not asking me any information about them?

When I filled out my FLR application it asked for details about my kids and I included documents to prove their citizenship and that they lived with us, because the application asked for it.

I just find it exceedingly strange that this application is not asking information about my children, regardless of the fact that they're British citizens???

Am I missing something?

ETA: I've included info about them in the narrative question "Do you have any other reasons for wanting to stay in the UK?" It looks like I'm not supposed to add them in the "Dependent" section because then they're considered applicants (which they aren't - as they're British citizens).