Paper discusses routes to regularisation for undocumented children and young people
The PHF Supported Options Initiative has published ‘Routes to regularisation for people without legal status in the UK’. The paper gives an overview of possible paths to regularisation for irregular migrant children and young people within the UK’s immigration laws. It was written by Nadine Finch, a barrister at Garden Court Chambers.
According to estimates, around 120-140,000 children and young people are living in the UK without the legal right to reside here under current immigration laws. Of these, around 65,000 young people were born in Britain, have been educated here and speak English. Research suggests that many are living in conditions of severe poverty.
The paper examines various routes to regularisation open to irregular migrant children under the British Nationality Act 1981, various pieces of statute relating to immigration and asylum law, and the Immigration Rules. It considers the different barriers that have been created which may prevent irregular migrant children from accessing these routes, and discusses possible strategies to ensure that these children do obtain the leave which will protect their human rights.
The possible routes to regularisation covered in the paper range from obtaining British Citizenship to protection as a victim of human trafficking, also including routes such as leave to remain and adoption by a British citizen in the United Kingdom. It also discusses possibilities for fee waivers.
The Supported Options Initiative aims to provide support and advice to young people (up to 30 years of age) and children in the UK who do not have regular immigration status or are undocumented. Many young people in this situation feel that they are unable, or for various reasons are unwilling, to approach organisations for help. There may also be only very limited options available through which they can seek to address their situation.
The Special Initiative was established with the hope that, through innovative approaches, it may be able to help bring about the creation of trusted and reliable means through which these young people can seek help. Another strand of activity within the initiative is to commission occasional expert legal analysis in response to the complex and fast-changing legal and policy context. This paper is the first such commission.
The Supported Options Initiative was developed following research on young undocumented migrants, published in the PHF report, ‘No Right to Dream’. The report presents rare first-hand accounts from young undocumented migrants in England.
