Settlement for EU nationals in UK must take into account the rights of children

In 2016, over half a million European national children were living in the UK. Around 260,000 EU children and young people were born here. Non-EU children currently struggle to regularise their immigration status in a system which is complex, expensive and for which there is no free legal advice.

With a new EU settlement scheme currently being piloted, Coram Children’s Legal Centre believes that there are still significant obstacles that many children and families will need to overcome in order to gain status. In particular, children who are not EU nationals themselves, or who are in family units with non-EU nationals, risk being left with precarious status through the settlement scheme. In our view, the following children are particularly at risk:

• Children who are unable to prove their nationality or length of residence in the UK, such as children in care who may require parental consent to obtain nationality documents. Where children are dependent on rights derived from their parents to make an application, then they may be placed at risk where there is domestic abuse or exploitation.
• Children with complex cases (which will include many separated children), who will need support in completing their applications.
• Children from families who derive their rights to remain from EU case-law. These children are still in limbo, with no particular provision made for their carers to obtain status under new immigration rules.

The consequences of not having status are severe and the government should be making every effort to ensure no children and young people find themselves, or their families, in this position. Any new system for EU nationals must avoid an increase in children finding themselves undocumented as a result of practical barriers or policy decisions.

Read our briefing here

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