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Briefing: nationality and children in care

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 appl ...

6th October 2020 By

When can refugee children be returned to their home country under the Hague Convention?

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 ...

18th September 2020 By

New intercountry adoption guidance arrives after long absence

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, wri ...

2nd September 2020 By

Surrogacy, citizenship and immigration: common problem scenarios

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 ...

27th August 2020 By

Local authorities may need permission to get British citizenship for children in care

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 childre ...

18th August 2020 By

Comment: is the EU Settlement Scheme working for children?

With one year left before the close of the EU Settlement Scheme, the headline numbers look positive for the Home Office. By the end of May 2020 more than 3.6 million applications had been made, although some people have applied more than once.  This ...

6th July 2020 By