Appendix Children was published in October 2023 and consolidates most of the rules for child dependents of parents on points-based immigration routes which were previously spread out across the individual categories. It also covers children applying in their own right in points-based categories that allow for that, such as the...
The Immigration (Age Assessments) Regulations 2024 providing for the use of scientific age testing of children have come into force on 10 January 2024. A reminder of the response from the Royal College of Paediatrics and Child Health to these proposals: Evidence shows that using x-rays to determine age can...
As anyone who has ever battled the Home Office over whether a client has “sole responsibility” over a child’s upbringing or whether their exclusion is otherwise undesirable will know, this requirement is antiquated, outdated and causes a lot of unnecessary stress and hassle while separating children from their parents. Paragraph...
The Home Secretary must set out a lawful plan to completely end its use of hotels for accommodating lone refugee children. This is the conclusion of Judge Chamberlain in R (on the application of Kent County Council) v Secretary of State for the Home Department [2023] EWHC 3030 (Admin). The case...
The “sole responsibility” immigration test comes into play where one of the parents of a child is relocating to the United Kingdom and one parent remains abroad. The United Kingdom’s immigration rules effectively presume that a child should remain outside the country with the other parent, unless the parent moving...
The impact of age assessment decisions on unaccompanied asylum seeking children coming to the UK is huge. As we explored in this earlier article, an age assessment decision will affect a young person’s entitlement to social work support and care. It will also have implications on how their asylum claim...
The majority of unaccompanied children who enter the UK to seek asylum do not bring with them evidence of their age. Because of this, the Home Office has a duty to carry out an initial assessment of their age to establish whether they are, or could be, children. The Home...
The Home office has published new guidance introducing a streamlined process to deal with child asylum applications. The policy explained in the guidance apparently intends to help the Home Office fulfil the commitment made by Rishi Sunak to clear the asylum backlog by the end of 2023. The policy applies...
The scandal of asylum-seeking children going missing from Home Office hotels (Ministers resist terms such as ‘kidnapped’) is an extreme situation. But they are not the only children suffering at the hands of the UK’s migration policies. The Lords Justice and Home Affairs Select Committee has recently published All families...
This article reviews some common cross-cultural pitfalls between legal representatives and young people claiming asylum. It also provides some ideas on how to mitigate cultural misunderstandings. Going into your initial meeting, a basic understanding of your client’s culture is helpful to build trust and a good rapport. It is not...
An inspection report examining the use of hotels for housing unaccompanied asylum-seeking children has been published this week, but the findings make for unsettling reading. The report criticises the operation of what are effectively unregistered children’s homes and confirms that this is not an area in which the Home Office...
In what I calculate to be the fifth Supreme Court case addressing the meaning of the words used in Theresa May’s 2014 reforms of deportation law, the justices have rejected three linked Home Office appeals seeking to reinstate deportation orders. The previous cases were, in reverse order, SC (Jamaica), Sanambar,...
The High Court has declared that Home Office policy on allowing migrants to have access to public funds is unlawful for failing to take account of the best interests of children, or of a previous judgment along similar lines. The case is R (AB & ors) v Secretary of State...
Families who can’t afford British citizenship for their children can now get it for free. A new “citizenship fee waiver for individuals under 18” policy was published today. It allows under-18s to apply to have the £1,012 fee on applications for registration as a British citizen waived. The policy applies...
The Court of Appeal has held that the unlawful removal of a vulnerable Afghan child and the 18 months of disruption to his private life entitles him to damages under the Human Rights Act 1998 and under EU law. The case is QH (Afghanistan) v Secretary of State for the...
Is the Home Office under a duty to provide information establishing a child’s nationality? This is the question considered by the Inner House of the Court of Session in AS v Secretary of State for the Home Department [2022] CSIH 16. Unfortunately, the answer is no. The Home Office’s duty...
The Home Office has promised to give UK visas to Ukrainian surrogate mothers and their families, casting a lifeline to intended parents. Provision will also be made for babies born outside the UK to Ukrainian surrogate mothers, according to Home Secretary Priti Patel, in a letter to leading surrogacy lawyers. ...
The Supreme Court has dismissed a challenge to the level at which the government has set the fees for children to register as British citizens. The court held that the government has been authorised by Parliament to set the level of the fees as it chooses. Currently, the fee is...
The Court of Appeal has dismissed the government’s appeal against last year’s decision that the EU Settlement Scheme rules on Zambrano carers are unlawful. But the judgment in Akinsanya v Secretary of State for the Home Department [2022] EWCA Civ 37 leaves the situation for these carers — non-EU parents...
What does it mean to be ‘westernised’? It is striking that a term that is used so frequently in this jurisdiction has never been more closely defined. I would suggest that this is because, like obscene material, it is because we ‘know it when we see it’. Some musing from...
The judgment in Arturas (child’s best interests: NI appeals) Lithuania [2021] UKUT 237 (IAC) looks interesting at first, but turns out to be terrifically arcane. It is about the consequences of a failure by the Home Office to comply with its duties concerning the best interests of children. In most...
Yes. Children can be removed from the UK as part of a family. They can, on paper, also be deported in their own right for criminal offending: the Home Secretary’s power of deportation under the Immigration Act 1971 is not limited to under-18s, and the Home Office has specific guidance...
In April 2021 the High Court held that Her Majesty’s Passport Office was wrong to insist on signed consent for child passports from an abusive father overseas. That judgment has now been robustly upheld by the Court of Appeal following a disastrous appeal by the Passport Office: Secretary of State...
The Supreme Court has upheld the policy of treating asylum seekers who claim to be children as adults if two Home Office officials think that the person looks significantly over 18. The case is R (BF (Eritrea)) v Secretary of State for the Home Department [2021] UKSC 38. It should be...
On 1 July 2021, the British Nationality Act 1981 (Immigration Rules Appendix EU) (Amendment) Regulations 2021 (SI 2021 No. 743) introduced a new section 10A to the British Nationality Act 1981. This new section is aimed at ensuring that certain children born from 1 July 2021 onwards will automatically acquire British citizenship in situations where […]
...The protection afforded to children who are long-term UK residents has been further diluted in a new Court of Appeal decision, NA (Bangladesh) v Secretary of State for the Home Department [2021] EWCA Civ 953. The judgment is the latest in a line of cases to grapple with what exactly...
Immigration law, as everyone working in it knows, is not a devolved area and not likely to become so. It’s therefore easy for immigration practitioners to assume that all the important stuff is the same across the UK. That’s not the case for social care rights, which can help vulnerable...
Rules restricting migrants’ access to benefits are back in the spotlight following a new High Court decision, which found that aspects of the “no recourse to public funds” (NRPF) scheme fail to protect the rights of children. The case of ST (a child, by his Litigation Friend VW) & VW...
The Upper Tribunal in R (Waleed Ahmad Khattak) v Secretary of State for the Home Department (“eligible to apply”- LTR – “partner”) [2021] UKUT 63 (IAC) has provided helpful clarification on when having a partner can disqualify someone from getting permission to remain in the UK as a parent of...
Upholding an earlier High Court decision, the Court of Appeal has confirmed that the Home Office’s £1,012 fee for registering children as British citizens is unlawful. The case is R (Project for the Registration of Children As British Citizens & Anor) v Secretary of State for the Home Department [2021]...
Children may arrive in the care of local authorities without British citizenship or UK immigration status. They and their social workers may not realise there is an issue until, for example, the child has a school trip abroad and needs a passport; until they apply to university; or until they...
The Guardian reports that the Home Office has agreed with Jamaica not to deport Jamaican citizens who arrived in the UK under the age of 12. The scope of the reported agreement is unclear: it arises in the context of an upcoming deportation flight to Jamaica, scheduled for 2 December...
“Forcing me to leave the UK will not be in my child’s best interests” is a phrase often used by parents seeking to remain in the UK. Enny Choudhury has written an excellent briefing note on the body of law behind the phrase and the Home Office’s duty to consider...
In August, Nath Gbikpi reported for Free Movement on R (Y) (Children In Care: Change of Nationality) [2020] EWCA Civ 1038. In that case, the Court of Appeal found that section 33 of the Children Act 1989 did not entitle the local authority to apply for British citizenship for two siblings in their care,...
In the case of G (A Child : Child Abduction) [2020] EWCA Civ 1185, the Court of Appeal has confirmed that, where a child has been granted refugee status in their own right, or has their own pending asylum claim, they cannot be returned under the Hague Convention. When a...
New guidance on intercountry adoptions has finally been published following a lengthy gap that left parents, practitioners and even Home Office caseworkers struggling with this tricky section of the Immigration Rules. The last in-depth document, written in 2008, disappeared from the Home Office website many years ago – although it...
The popularity and visibility of surrogacy are on the rise, thanks in part to scientific advances, a greater acceptance of LGBT+ rights and popular celebrity stories. The thousands of families created through surrogacy have meant joy for many but the journey towards that goal is usually a challenging one, particularly where...
Local authorities have recently made headlines for failing to regularise the immigration status of children in their care. As the case of Darrell and Darren Roberts sadly exemplifies, not taking care of the immigration or citizenship status of children in care can have devastating consequences, including making them liable to...