Securing permanent status: Existing legal routes for children and young people without leave to remain in the UK

This guide was first published in 2013 to outline to individuals, organisations and policy-makers the ways in which individuals can attain legal status in the UK where they are currently undocumented. This updated paper will consider the possible routes to regularisation for those without status, including citizenship, EEA rights and applications inside and outside the Immigration Rules.

This document is not intended for use to assist individuals with their immigration applications, but instead is designed to highlight the legal options to gaining status, and some of the particular hurdles, including financial and evidential requirements, that are faced when regularising immigration status. It cannot replace legal advice for someone who wants to make an application. Immigration advice can only be given by someone who is qualified and regulated to do so. It is a criminal offence to give immigration advice unless you are a regulated immigration adviser, solicitor or barrister.

The complexity of the UK’s immigration system is well-known, and this paper does not aim to set out every route by which a child and their family can make an application under the Immigration Rules (for example to work, study or join family) and remain in the UK lawfully. The routes outlined in this
paper are only those of relevance to children, young people and families who are undocumented.

The ways in which someone can become undocumented are set out in the companion paper to this work Securing permanence for long-term resident children in the UK. In this paper, Coram Children’s Legal Centre has made efforts to quantify how many children and young people are able to regularise their status, and what the barriers to doing so might be following changes to legal advice provision and changes to the Immigration Rules and Home Office policy since 2012.

Published : 7th June 2017*

Publisher : Coram Children’s Legal Centre  [ More From This Publisher ]

Rights : Coram Children’s Legal Centre

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* Although BASW has prepared the information contained within Social Work Knowledge with all due care and updates the information regularly, BASW does not warrant or represent that the information is free from errors or omission. Whilst the information is considered to be true and correct at the date of publication, changes in circumstances after the time of publication may impact on the accuracy of the information. The information may change without notice and BASW is not in any way liable for the accuracy of any information printed and stored or in any way interpreted and used by a user.