When our client Marco was 16, he was in local authority care, having been removed from a violent and chaotic family. If you had met him as a social worker, you would probably have thought he was British and might not given it a second thought. Marco was born in the UK and lived his whole life here. He had a British accent and attended a British school. He thought of himself as British – and he thought he was British.
But Marco’s parents were EEA nationals, and although this was the only country he’d ever known, Marco was not a British citizen. He was one of an estimated 215,000 undocumented children living in the UK, and one of an estimated one in ten children in care with unresolved immigration or citizenship issues.
At KIND UK, we provide free legal support to children like Marco as they and their families navigate the UK’s complicated immigration and citizenship systems. A significant number of our clients are in care, or have come into contact with social services at some point, and we work with social workers to resolve these issues and raise awareness of them within the profession.
Many simply do not know their status in the UK, like Marco, or have no way to prove it, like our client Ana, who grew up in care and had leave to remain but no documentation. One mother told us recently that she didn’t know her child wasn’t a British citizen until a school trip abroad towards the end of secondary school raised the need for a passport.
When the realisation comes this late, it’s a race against time to secure legal status before the child reaches 18. There are various options for children to become citizens or gain secure status, but the pathways become more complicated as the child gets older, and many disappear once they reach adulthood.
For example, after age 10, children are required to show they are of “good character” – a phrase defined by the Home Office loosely, and with no specific requirements – to register as a British citizen. In Marco’s case, trouble with the police leading to criminal convictions as a child made this difficult.
As an organisation providing specialist immigration advice, our advice to any professional working with children and young people is always to identify any unresolved immigration or citizenship issues as early in proceedings as possible.
In practice, this is easier said than done – services are stretched and social workers with heavy caseloads are dealing with more than enough as it is. But it can start with a simple question – “do you have a British passport?” Then it’s important to get the right support.
The stakes are high, both for the child and for Local Authorities. Marco could have become a British citizen at age 10 with a straightforward application. He was born in the UK and was resident here for the first 10 years of his life case, so he has a statutory entitlement to citizenship under the British Nationality Act, 1981 (S.1(4)). But delaying until Marco was nearly an adult meant he had a criminal record and history to explain, and made his application to be registered as a citizen more complicated.
As the options for gaining secure status disappear, the consequences for a child’s future as an adult in the UK become more serious. If a child reaches 18 without legal status, they will not be able to work legally or study, and will have difficulty accessing services such as housing, healthcare and benefits. Many of life’s opportunities risk becoming lost – and acquiring citizenship after turning 18 may take ten years or more, meaning a decade of visa renewals and the associated fees. And throughout, a young adult without citizenship is at risk of removal to a foreign country if they fail to renew their leave, or if they get into criminal trouble.
For Local Authorities, the costs of supporting a care leaver without legal status after the age of 18 have been estimated at £140,000 over six years. This factors in accommodation and support costs, health surcharges, legal fees, and Home Office fees.
Fortunately, in the end, Marco was able to register as a citizen before he turned 18. His application was supported by his social worker, who knew him very well, and from a children’s services team manager. Together, they provided evidence of the harmful effects of neglect and abuse, and emphasised that acquiring British citizenship was in Marco’s best interests. Crucially, they helped to show he was of ‘good character’ despite his run-ins with the police.
Marco had survived a traumatic childhood, but then faced the insecurity of life as an undocumented adult in the UK. As he approached 18, he risked losing the chance to acquire the citizenship he was entitled to – and it was only due to the involvement of his social worker that he was able to become a British citizen and secure his future in his home country.
So, our three top tips for social workers are:
1. Determine a child’s immigration/citizenship status and address any issues as early as possible.
Speak to the child and/or parents or other family members. Check status with the Home Office if necessary.
2. Bring immigration and citizenship matters into care planning.
Support to secure settled legal status in the UK is essential to safeguard a child’s welfare and best interests (and their future as an adult in the UK).
3. Get proper legal advice.
The UK’s immigration and citizenship systems are complex and difficult to navigate, and it is essential to get proper legal advice from a qualified specialist lawyer.
Where to go for support and legal advice
- Law Centres provide support on a variety of issues, and may be able to offer legal representation to children in care under a legal aid contract
- OISC or SRA-accredited immigration advisors accepting legal aid
- Social Workers Without Borders
- We Belong offers direct support to young migrants
- Right to Remain provide support and a wide-ranging toolkit for migrants with insecure status
- Other accredited immigration specialists may offer to work for free (pro bono), or in some cases it may be cost-effective to pay for specialist advice to resolve a child’s immigration status.
