You can apply for Indefinite Leave to Enter (ILE) for your minor child if you are a British citizen by descent and cannot pass your nationality to them. If you move to the UK before the child’s 15th birthday, they can meet the three-year residence requirement for British citizenship.

ILR vs. ILE
Indefinite Leave to Remain (ILR): For individuals already in the UK for five years. After holding ILR for 12 months, you may be eligible for British citizenship.
Indefinite Leave to Enter (ILE): Granted to those applying for permanent residence from outside the UK. A child must spend three years in the UK and be under 18 to qualify for British citizenship. If over 18, they will need to stay for five years before applying for citizenship.
Both ILR and ILE allow the holder to work, study, claim benefits, use the NHS, attend school, and re-enter the UK freely. ILE holders do not need to apply for ILR after arriving in the UK.

Requirements for Indefinite Leave to Enter for a Child
To apply for ILE from outside the UK, the child must:

• Be under 18.
• Not be leading an independent life, married, or in a civil partnership.
• Show that they will be adequately accommodated and supported by their parent or relative without relying on public funds, in accommodation exclusively occupied by them.

Family Circumstances
The child must be joining their parent(s) or relative under one of the following conditions:

• Both parents are present and settled in the UK.
• One parent is settled in the UK, and the other parent is deceased.
• One parent is settled in the UK and has sole responsibility for the child’s upbringing.
• The child is joining one parent or relative in the UK, and there are serious family or other considerations making it undesirable to exclude the child from the UK.

This also applies to adopted children who were not able to gain British citizenship through their adoptive British parents, though additional requirements may apply.

Adequate Maintenance Requirement
To qualify for entry clearance for ILE, the applicant must meet the adequate maintenance requirement. According to UK immigration rules, this means that after deducting income tax, national insurance contributions, and housing costs, the family must have enough income to equal or exceed the amount they would receive on income support.
The case of Ahmed (2013) also required the Home Office to present financial figures in all decision letters where a refusal is based on inadequate maintenance.

Sole Responsibility Clause
Proving sole responsibility for a child can be challenging, especially if the other parent is still alive. You will need to show that the other parent has entirely relinquished parental rights and involvement in the child’s upbringing, including major decisions related to their education and health.
Sole responsibility claims may face challenges if others are involved in the child’s day-to-day care.

How We Can Help
Applying for ILE for your child involves multiple requirements and gathering substantial evidence. It’s important to consult with an immigration lawyer to ensure that your application is complete and meets all necessary conditions for success.