What Happens to Illegal Immigrants’ Children That Are Born in the UK?

What Happens to Illegal Immigrants’ Children That Are Born in the UK?

What happens to illegal immigrants’ children that are born in the UK? Being born in the UK automatically makes a child a British citizen, but not in the case of being born of illegal immigrants. However, that does not mean they must leave the UK with their parents. There are a few options they can take, which may depend on specific circumstances. This article highlights these options and explains how crucial it is for you to work with an experienced solicitor in this field to help you determine what course of action you can take if you’re dealing with such a situation.

What Are the Circumstances That May Affect Your or Your Child’s Options?

The circumstances that may affect the options of a child of illegal immigrant parents are as follows

  • The duration of their stay in the UK (i.e., with 7 or 10 years of continuous residence)
  • When the child was born (laws of specific periods may be applicable)
  • The child’s age (should be under 18 years)


Options to Remain in the UK

So, what happens to illegal immigrants’ children that are born in the UK? Here are some options.

Become a British Citizen

A child who was born on or after 1 July 2006 and has lived in the UK for 10 years since birth can apply for citizenship in the UK. Moreover, they should not have spent more than 90 days outside the UK during this period. However, if one of the parents becomes a British citizen, the child automatically becomes a citizen as well.

Acquire Indefinite Leave to Remain

The new 7-year child immigration rules published on 20 June 2022 made it possible for children under the age of 18 to seek Indefinite leave to remain (IRL) provided that they have lived for 7 years in the UK before applying for IRL. IRL enables a migrant to remain in the UK permanently without any immigration restrictions. They would also have to have lived in the UK continuously since their birth and were not outside of the UK for more than 6 months within any year of the 7-year period. This option comes under the Private Life application, and applicants for this should hire a solicitor because they can help them create a compelling case as to why the child’s removal from the UK would be unreasonable.

What Can the Parents Do to Remain in the UK?

If the child of illegal parents becomes a citizen of the UK, the parents can apply for a parent visa. The child must meet the following requirements for them to qualify for this visa.

  • Be a British citizen, Irish citizen, or have settled in the UK
  • Be under 18 years of age
  • Have been living for 7 continuous years in the UK, and it is considered unreasonable for the child to leave the UK

The parents must meet the following requirements.

  • Has shared or sole parental responsibility for the child in question
  • Meets the CEFR level A1 English language requirement
  • Are capable of financially supporting themselves in the UK

Speak to trained UK immigration solicitors to learn more about what you can do for your child and your family in such situations.