Tip of the Day: Undocumented Parents Having A British Citizen Child In The UK

Home Office Policy Guidance, IDI, Appendix FM Section 1.0b Family Life (as a Partner or Parent) and Private Life: 10-Year Routes, August 2015, currently summarises at Paragraph  3.5:


The 10–year parent route provides a basis on which leave to remain can be granted to a parent who has responsibility for or access to their child following the breakdown of their relationship with the child’s other parent.


This route is for single parents who:

  • have sole parental responsibility for their child; or

  • are the parent with whom the child normally lives, rather than the child’s other parent (who is British or settled); or

  • do not live with the child (who instead lives with a British or settled parent or carer), but they have direct access in person to the child, as agreed with the parent or carer with whom the child normally lives, or as ordered by a court in the UK.

The parent route is therefore not for couples with a child together who are in a genuine and subsisting relationship. An applicant can only apply for the parent route if they are not eligible to apply for the partner route.


So what can parents with an irregular immigration status do where they have a child born in the UK who is a British citizen?

Continue reading