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If your child is living in the UK illegally

This advice applies to Wales

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.

To find out more about your options before visiting an expert, you can call the Joint Council for the Welfare of Immigrants. They provide free, confidential advice to people living in the UK illegally. 

Joint Council for the Welfare of Immigrants
Telephone: 020 7553 7440
Monday, Tuesday and Thursday, 10am to 1pm 
Calls cost 13p per minute from a landline, and from 3 to 55p from a mobile

www.jcwi.org.uk

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

Your only option is to apply for ‘leave on the grounds of private life’ in the UK. 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 2 ways to get them a legal immigration status. You can either:

  • register them as a British citizen
  • apply for ‘leave on the grounds of their private life' in the UK

Register your child as a British citizen

You can register your child as a British citizen after they’ve lived here 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 citizens 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 this for your child after they've been in the UK for 7 years.

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

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

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.  

If you get leave for your child, you’ll probably have to:

  • renew it every 2.5 years - this costs £993

  • pay a £1,000 NHS fee every time you renew it

If you haven’t got the money or paying the fees would mean you didn’t have enough money to live on, you can ask the Home Office to waive the fees. You can read more about when fees are waived on GOV.UK. 

You can make sure your child can stay permanently by either:

  • applying for ‘settled status’ after they’ve been in the UK legally for 10 years

  • registering them as a British citizen if they’re aged 10 or above

Getting ‘settled status’ means they have the right to stay in the UK. You can read more about applying for settled status for a child on GOV.UK. 

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