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Legal Update: Care and immigration status

3 mins read Asylum Children's rights Legal
Aayad Lami, solicitor at Coram Children’s Legal Centre, explains what support councils should provide to non-British children in care to ensure their immigration issues are identified earlier.
It may be in a child’s interests to apply for UK citizenship. Picture: Lena_Zajchikova/Adobe Stock
It may be in a child’s interests to apply for UK citizenship. Picture: Lena_Zajchikova/Adobe Stock

Many children and young people are unaware that their immigration status is an issue until they turn 18. Often, no one acknowledges or understands the situation, especially when they are under the care of social workers. This can mean they face challenging and difficult situations when their rights to stay in the UK and entitlements come into question.

One case provides an example of the challenges. When a young person in care, who arrived in the UK from Portugal aged two, turned 18, her application for benefits was rejected as she did not comply with the definition of a qualified person according to then-in-force EU regulations. She would not get housing benefits or student loans unless she proved her parents had been living in the UK as qualified persons, which meant engaging in economic activity. She was unable to provide the proof and was living on the support of food banks and charities, until she was helped to apply to the EU Settlement Scheme (EUSS) to secure her rights to live in the UK and access support.

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