Children in the care of local authorities are among the most vulnerable in society. Many have experienced significant disruption, trauma and instability and rely heavily on social workers to safeguard their welfare and support their day-to-day needs.
In the face of urgent welfare concerns, however, a child’s immigration status can sometimes be overlooked or deprioritised. This is particularly concerning where children may have complex or unresolved immigration issues, including no lawful status in the UK.
Regularising a child’s immigration status is not simply a legal exercise, it is fundamental to their stability, security and long-term future. It enables access to essential services, supports effective care planning and ensures that decisions are made in the child’s best interests.
In this article, we explore a number of fictional but true to life case studies involving children in local authority care, highlighting their immigration needs and demonstrating how Freeths supports local authorities in delivering practical, strategic and compassionate solutions.
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Case study 1: Securing permission to remain
This case highlights the critical role immigration lawyers can play in safeguarding vulnerable children where immigration status is unclear.
The child was born in the UK to a mother of Kenyan nationality. This child has lived in the UK for a number of years before they entered the care of the local authority without any confirmed record of their immigration status. This created significant safeguarding concerns and uncertainty around access to services, stability and long-term care planning.
A detailed review of the child’s immigration and personal history was undertaken, identifying evidential gaps and potential legal risks, including the possibility of expired leave. Given the complexity of the case, the most appropriate route was an application based on Article 8 right to resect for private life and family life of the European Convention on Human Rights, with a strong focus on the child’s best interests in line with section 55 of the Borders, Citizenship and Immigration Act 2009.
Close collaboration with the local authority was essential. The legal team supported social workers in identifying and gathering the necessary evidence, including care records, placement details and medical and educational reports. This holistic approach ensured that the application was supported by strong, child-focused evidence demonstrating the child’s private life in the UK and the potential impact of disruption.
The Home Office granted the child leave to remain for four years, successfully regularising their immigration status. This outcome provided much needed stability, enabling informed care decisions and ensuring continued access to essential services.
Case study 2: Registration as a British citizen
In this case, a Sudanese child entered the UK at the age of 12 with their parents.
Tragically, the child was subjected to abuse and was later placed under a Care Order, entering the care of the local authority. At that point, their immigration status was unclear. The child’s status was eventually regularised through a grant of leave to remain for four years.
However, further challenges soon arose. The child’s passport had expired and no alternative form of identification was available. By this stage, the child was 16 years old, approaching adulthood without the documentation needed to access essential services.
Whilst obtaining a new Sudanese passport was considered, there were significant uncertainties around timescales, cost and feasibility. Without valid identification, the child faced substantial practical barriers, including difficulties opening a bank account, obtaining a National Insurance number, accessing higher education and travelling abroad.
In addition, the child had experienced significant trauma and had been diagnosed with PTSD alongside other complex needs. Ensuring stability and security was therefore paramount.
To address these issues, it was advised that the child apply to be registered as a British citizen under section 3(1) of the British Nationality Act 1981, which allows the Secretary of State discretion to grant citizenship in appropriate cases.
This was a carefully prepared application, supported by extensive evidence gathered in collaboration with the local authority, social workers, the child’s school and referees. Strong representations were made emphasising the child’s best interests in line with section 55.
The application was successful and the child was granted a Certificate of British Citizenship, providing long-term security and removing future uncertainty.
Case study 3: Children who are EU citizens
This case involved two Latvian siblings who entered the UK in 2017 with their parents, exercising their rights of free movement under EU law.
At the time, no formal immigration permission was required and the children held no documentation beyond their national passport.
Following the UK’s departure from the European Union, free movement rights came to an end. EU nationals residing in the UK were required to apply under the EU Settlement Scheme (EUSS) by 30 June 2021 to secure their status.
The children later entered local authority care, at which point concerns were raised about their immigration status. A Subject Access Request was submitted to the Home Office, confirming that no EUSS application had been made and that the children had no formal status in the UK.
A detailed review of the children’s circumstances showed that they had been continuously residing in the UK since 2017. This was supported by strong documentary evidence, including school and NHS records, meaning they were eligible under the EU Settlement Scheme.
Although the application deadline had passed, detailed representations were prepared demonstrating reasonable grounds for the delay. The applications were successful and the children were granted settled status, allowing them to remain in the UK indefinitely.
This outcome was achieved through close collaboration between Freeths and the local authority, combining detailed evidence gathering with strategic legal submissions. Regularising the children’s status ensured legal certainty, protected access to essential services and enabled long-term planning for their care, education and future in the UK.
How Freeths supports local authorities
These case studies demonstrate the importance of addressing immigration issues at an early stage for children in care. At Freeths, we work closely with local authorities to:
Identify and assess immigration risks at an early stage
Advise on the most appropriate legal routes
Support evidence gathering and prepare strong, child-focused applications
Ensure compliance with statutory duties, including section 55 obligations
Deliver practical, timely solutions to complex and sensitive cases
Our approach is collaborative, strategic and compassionate, ensuring that vulnerable children receive the stability and protection they need to build their futures.
The content of this page is a summary of the law in force at the date of publication and is not exhaustive, nor does it contain definitive advice. Specialist legal advice should be sought in relation to any queries that may arise.
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