Immigration Law for Children in Care: What You Need to Know
Navigating immigration law can be complex, especially when it involves vulnerable children in local authority care. At OTB Legal, we frequently receive questions about this area of law, so we’ve put together a comprehensive guide to help clarify the essentials.
Can I Provide Immigration Advice?
Immigration advice can only be given by someone regulated to provide it. While local authorities may have court-ordered authority to act on behalf of a vulnerable adult or child in care, this does not automatically extend to giving immigration advice to adults—or even to children without a court order. If you’re unsure, exercise caution and seek professional guidance.
Is a Child Born in the UK Automatically British?
Not necessarily. A child born in the UK is only automatically British if one of their parents was British or settled at the time of birth. If this isn’t the case, the child will likely need to make an immigration application or apply for registration as a British citizen if eligible.
Key Questions When Assessing Immigration Status
When determining a child’s immigration or nationality status, start with these questions:
- Does the child already hold immigration status?
- Was the child born in the UK?
- Is one of their parents British or settled—and were they at the time of birth?
Are Application Fees Applicable for Children in Care?
No. If a child is being looked after by a local authority at the date of application, there are no fees for leave to remain, indefinite leave to remain, or nationality applications.
How Are a Child’s Best Interests Considered?
In immigration and nationality applications, a child’s best interests are a primary consideration, though not the only one. This differs from the Family Court, where the child’s welfare is paramount.
Which Immigration Application Should Be Made?
The right application depends on the child’s circumstances—such as existing leave, nationality, length of residence, and any exceptional factors. Generally, if the local authority advises that the child should remain in the UK, the Home Office will usually grant some form of leave.
Need Expert Help?
Immigration law for children in care is a sensitive and complex area. At OTB Legal, we specialise in this field and can guide you through every step of the process. If you have questions or need assistance, get in touch with us today.
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