British Citizenship for Children: A Guide from KIND UK
> 3. The Illegal Migration Act (2023)
- The ‘Illegal Migration Act
- More Information
4. The Good Character Requirement
5. Useful Resources & More Information
3.1 The Illegal Migration Act
The Illegal Migration Act (‘IMA’ or ‘the Act’) became law on 20 July 2023, at which point some parts of it, including the sections that relate to leave to remain and British citizenship, came into force. As of 14 November 2023, some other provisions had also come into force, but many sections of the Act do not yet apply.
The Act changes whether some children can acquire leave to remain or British citizenship, including, but not limited to:
Adults and children in the care of an adult who entered the UK irregularly on or after 7 March 2023, and not coming directly from a country where their life and liberty were threatened for specified reasons, are permanently denied leave to remain in the UK, unless an exception applies. They are also permanently denied British citizenship, on some bases, unless an exception applies.
Children who entered the UK irregularly, on or after 7 March 2023, not in the care of an adult, and not coming directly from a country where their life and liberty were threatened for specified reasons, can be granted leave to remain in the UK in some circumstances.
Victims of trafficking who entered the UK on or after 7 March 2023 may also be granted limited leave to remain while they are cooperating with trafficking investigations, in some circumstances.
The other possible exceptions to denial of leave to remain and British citizenship under the Illegal Migration Act relate to considerations of rights under the European Convention on Human Rights, and, for limited leave to remain, other international law and/or exceptional circumstances.
Children and adults who entered the UK irregularly on or after 7 March 2023 need to seek legal advice to find out if and how the Act affects them.
3.2 More information
For more information about the Illegal Migration Act 2023, please see our briefings (short version) and here (longer version).
