The UK government has set out proposals for those who currently have European Union rights to live, work and study in the UK to be able to apply for a form of settled status on or after withdrawal from the EU.
Children looked after by councils may be placed in a better position if they are eligible for settlement after five years residence in the UK.
Problems arise for children turning 18 who are European because of the difficulty in demonstrating any entitlement to benefits or services. This issue will persist at least until there is a formal settlement for European nationals and may be a problem afterwards, particularly for looked-after children who leave care in the interim.
Immediate steps to protect European national children
Practitioners should ensure that European children have access to documents demonstrating their nationality, and parents should be asked to confirm whether they have permanent residence or are exercising treaty rights, with copies of any documents kept. Up to the age of 21, a child can rely on their parents to demonstrate their entitlements in the UK.
If the parents are no longer in the country, or if they are not working or otherwise exercising treaty rights, European children and young people will need to be exercising their own treaty rights to access benefits.
While children are looked after, this is not generally an issue, but problems often arise when a young person turns 18 and their pathway plan is prepared. They can rely on their own rights through working or being self-employed (this may be part time as long as it is genuine and effective) or alternatively, they can remain in education or can be self-sufficient provided they have comprehensive sickness insurance. If they have undertaken these activities for five years continuously, they will have permanent residence and will no longer be required to exercise treaty rights to remain in the UK.
Care leavers who are unable to demonstrate their entitlement can still be supported by the local authority, where failing to support them would be a breach of their European or human rights. Leaving young people destitute and without support is likely to be a breach of their human rights. Continuing in education, including further and higher education, engages European rights.
Preparing European national children for Brexit
At the point of Brexit, there will be provision for European nationals to gain an additional status in the UK. This is likely to be a fee-paying application, and it is critical that children and care leavers are supported to make the application in time.
It is important that a child has an up-to-date national identity card or passport in advance of applying for settlement, and information should be kept about the length of time a child or young person has been in the UK.
If prior registration is required, practitioners must ensure that this is carried out and that the local authority is aware of the immigration and nationality status of their looked-after children.
In some cases, the most secure way of determining a child's future is by obtaining British nationality. A child born in the UK whose parents had permanent residence (or in some cases indefinite leave to remain) when they were born may be automatically British. In other cases, a child may be able to apply for registration as a British national.
The British Nationality Act also allows for the discretionary registration of British children where their long-term future is in the UK. Registration as a British national currently costs £973 and there are no exemptions.
Children may also risk losing any other nationality that they hold so will need legal advice before making an application.
Frances Trevena, legal and policy manager, Coram Children's Legal Centre
