Indefinite Leave to Enter (ILE) is a form of permanent residency in the UK. It allows individuals to enter and live in the UK without any time restrictions. While most people associate Indefinite Leave to Enter with adults, it also applies to children, including those born through surrogacy. In this article, we will explore how the Indefinite Leave to Enter (ILE) for a Surrogate Child works, the eligibility requirements, and the application process.

What is Indefinite Leave to Enter (ILE)?

Indefinite Leave to Enter (ILE) is a status granted to individuals who are not citizens of the UK but have the right to live in the UK indefinitely. It is typically granted to those who already have permission to stay in the UK under certain circumstances, such as family reunification, and have met the requirements for permanent residency.

When a child is born through surrogacy, the legal parent(s) may apply for ILE on behalf of the child, especially if the child is coming from abroad and the biological parent(s) are seeking to bring the child to the UK to live with them.

Who is Eligible for Indefinite Leave to Enter (ILE) as a Surrogate Child?

To be eligible for Indefinite Leave to Enter (ILE) as a surrogate child, the child must meet specific criteria. Here are the main requirements:

The Child Must Be a Dependent of a British Citizen or Settled Person

The child must be the dependent of a British citizen, a person with Indefinite Leave to Remain (ILR), or someone who has permanent status in the UK. The parent(s) of the surrogate child must prove their legal right to reside in the UK and the dependency of the child.

The Surrogate Child Must Be Legally Recognized

The child born through surrogacy must be legally recognized as the child of the intended parents. This can be demonstrated through legal documentation, such as a parental order or other court rulings. The biological parents must be legally recognized as the child’s parents, even if the child was born abroad.

Parental Order or Court Declaration

In cases of surrogacy, the intended parents may need to apply for a parental order. This is a legal process that ensures the intended parents are officially recognized as the child’s parents under UK law. If the parental order is granted, the child may be eligible for Indefinite Leave to Enter (ILE).

No Restrictions on Entry to the UK

The child must not have any restrictions on entering the UK. If the surrogate child is applying from outside the UK, they should not be subject to a visa refusal due to past immigration violations or other issues.

How to Apply for Indefinite Leave to Enter (ILE) for a Surrogate Child

The application process for Indefinite Leave to Enter (ILE) for a surrogate child can be complex. Here is an outline of the general steps involved in the process:

Obtain a Parental Order (if needed)

If the surrogate child was born abroad, the first step is usually to apply for a parental order in the UK. This order will legally transfer parenthood from the surrogate to the intended parents. The application must be made in the High Court within six months of the child’s birth, though this period can sometimes be extended.

Gather Required Documentation

• Once the parental order has been granted (if applicable), you must gather the necessary documents to support your application for Indefinite Leave to Enter (ILE). This may include:

• The child’s birth certificate and a certificate of surrogacy.

• Proof that the parents are legally recognized as the child's parents (e.g., parental order or court decision).

• Evidence of the parent’s status in the UK (e.g., British passport, Indefinite Leave to Remain status).

• Evidence of the child’s legal relationship with the parents, including the surrogacy agreement.

• Proof of the child’s dependency on the parents.

Complete the Online Application

• After collecting the required documentation, you must complete the online application for Indefinite Leave to Enter (ILE). The application will require details about the child, the parents, and the surrogacy arrangement.

Submit Biometric Information

• As part of the application process, the child will need to attend a biometric appointment to have their fingerprints and photograph taken (if they are old enough). This may not be required for very young children but is a standard procedure for older children.

Submit Your Application Fee

• There is an application fee for the ILE process, which must be paid at the time of application. The exact fee varies depending on your circumstances and the type of application.

Wait for the Decision

• After submitting the application and supporting documents, you will need to wait for a decision. Processing times can vary, but it generally takes a few months for a decision to be made.

Receive the Indefinite Leave to Enter (ILE) Status

• If the application is successful, the child will be granted Indefinite Leave to Enter (ILE), allowing them to join their parents in the UK and live there permanently.

Duration and Benefits of Indefinite Leave to Enter (ILE)

The Indefinite Leave to Enter (ILE) status allows the surrogate child to remain in the UK without restrictions. Some of the benefits include:

• Right to Live Permanently in the UK: Once granted, the child can live in the UK without any time limitations or need to apply for further visas.

• Work and Study Rights: The child can work or study without restrictions.

• Path to Citizenship: After living in the UK for a certain period, usually one year, the child may be eligible to apply for British citizenship.

Conclusion

The Indefinite Leave to Enter (ILE) status provides a pathway for surrogate children to join their intended parents in the UK and live there permanently. By meeting the legal requirements, including obtaining a parental order and submitting the necessary documentation, surrogate children can enjoy the rights and benefits of living in the UK. The process can be complex, but with the right legal support and careful preparation, it is achievable for parents looking to reunite with their children.

FAQs 

Can a child born through surrogacy apply for Indefinite Leave to Enter (ILE)?

Yes, a surrogate child can apply for Indefinite Leave to Enter (ILE), provided the intended parents meet the eligibility criteria, including obtaining a parental order or court recognition.

Do I need a parental order to apply for ILE for my surrogate child?

Yes, a parental order is generally required for a child born through surrogacy to be legally recognized as the child of the intended parents. This must be obtained before applying for ILE.

Can the surrogate child apply for ILE directly from outside the UK?

Yes, the surrogate child can apply for Indefinite Leave to Enter (ILE) from outside the UK, provided they meet the legal requirements and have the necessary documentation.

How long does it take to get Indefinite Leave to Enter for a surrogate child?

The processing time for Indefinite Leave to Enter can vary but generally takes several months. It is important to ensure all required documents and the parental order (if applicable) are in place before applying.

Can the surrogate child work or study in the UK once granted ILE?

Yes, once granted Indefinite Leave to Enter (ILE), the child can work or study without restrictions in the UK.

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