👨‍👩‍👦 The Guardian article: 100,000 undocumented children in London. How can children settle and become British?



According to the article here, there are 100,000 children in London 'without secure immigration status’. In other words, 100,000 children living in London illegally, without a UK visa, settlement or British Citizenship. 


Why can a child be without immigration status? 

Many were actually born in the UK while their parent(s) had no status themselves, and found it difficult or expensive to apply for it.

Many other youngsters were brought to the UK at a young age by their families who since made the UK their home. For example, by coming here on a visitor visa and remaining as what we call ‘overstayers’. 


What are the solutions? 

First of all, it becomes harder and more expensive to secure an immigration status once a child turns 18 years old. Wherever possible, it’s best dealt with before the 18th birthday. 


Child born in the UK:

A child born in the UK is not automatically British since the law changed in 1983. Instead, their status is based on the parents' status. If a parent is British, then a child is British by birth. If a parent has settled status, such as Indefinite Leave, then a child is British by birth.

If, however, a parent is not settled but settles later after the child’s birth, then a child can be registered as British. 
This is where The Guardian correctly pointed out at the £1,012 cost of such an application! 

A child, who was born in the UK and lived here for the first 10 years of his life, can also be registered as British, also at the above fee, even though the High Court recently found that the Home Office’s £1,012 child citizenship fee to be unlawful. 

Both actions can only be done before the child turns 18 years old!  


Child born outside the UK: 

In this scenario, a child can only become British when he/she gains a settled status ion the UK and the parent(s) become settled with at least one parent becoming a British Citizen. Not easy if the parents are also here without a legal status; or with the expensive Government fees. In this case, a child can apply for a leave to remain under Private Life after he/she has lived in the UK for 7 years (if aged under 18). If a child is aged between 18 and 25, and spent a half of his life in the UK, can also qualify. The outcome is a visa for 2.5 years. Only after 3 extension and 10 years of legal  residence can one apply for settlement. Then for Citizenship. 

For individual advice please book a consultation with our lawyers here

1st4Immigration is one of the most experienced and prominent UK immigration law companies, accredited by the OISC at the highest Level 3. We have been in business for over 10 years, our OISC reference is 200800152, in which 2008 stands for the year accreditation. Office address: Tower 42 (NatWest Tower), 25 Old Broad Street, City of London, London, EC2N 1HN.

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