CCLC s Migrant Children s Project
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1 CCLC s Migrant Children s Project Free legal advice via MCP advice line direct & second tier / mcp@coramclc.org.uk Outreach legal advice work across London Legal guidance Training Policy
2 CCLC s Legal Practice Legal aid contracts in: Asylum & immigration Child & family Community care Education (via telephone gateway: ) Child Law Advice Line:
3 Citizenship for children Is the child already British? Was one of the parents British/settled at time of birth? If British dad, is his name on the birth certificate? Is dad co-operative? If not: - Child maintenance - Declaration of parentage from family court
4 Citizenship for children If not already British, can the child register as a British citizen? Child born in UK and parent becomes British/settled s.1(3) British Nationality Act 1981 Child born in UK and lives in UK first 10 years s.1(4) British Nationality Act 1981 Discretion s.3(1) British Nationality Act 1981 Fee 749 If refused, no appeal right challenge by judicial review
5 Citizenship for children Where to go for legal assistance with children s citizenship applications? Project for the Registration of Children as British Citizens at Ealing Law Centre prcbc2013@aol.com Coram Children s Legal Centre CPBLS@CORAMCLC.ORG.UK
6 - Routes to regularising status - Avoiding / challenging an NRPF condition - Getting legal assistance
7 British citizenship Born in UK + first 10 years in UK s. 1(4) British Nationality Act 1981 Registration 749 No legal aid EU law rights Zambrano carer 65 No legal aid No route to settlement NRPF Adoption Immigration Rules on long residence / as parent 649 / 1500 / fee waiver No legal aid 10-year route to settlement NRPF? Routes to regularisation Domestic violence rule Legal aid Statelessness No legal aid Asylum / protection claim Legal aid
8 British child: Zambrano Based on a judgment of the Court of Justice of the European Union (now incorporated into UK regulations) British child is residing in the UK and their primary carer applies for a permit recognising a derivative right of residence on the basis that the denial of that right would prevent the British child being able to reside in the UK or another EEA state Fee 65. No legal aid A Zambrano carer has a derivative right of residence but this does not lead to settlement A Zambrano carer has no access to public funds If refused, right of appeal
9 British child: Immigration Rules Under the Immigration Rules: Section LTRPT in Appendix FM: Requirements for limited leave to remain as a parent PLUS EX / 1500 / fee waiver No legal aid 30 months limited leave to remain 10-year route to settlement No recourse to public funds condition? AVOID!
10 Long residence / Article 8 ECHR Immigration Rules: paragraph 276ADE Benchmark of 7 years for children 18 to 25: half life Reasonable 649 leave to remain / 1500 ILR / fee waiver 10-year route to settlement No recourse to public funds condition? What evidence would need to be provided with an application? Can you make an application even if you do not meet the requirements of the rules?
11 Avoiding an NRPF condition See Home Office policy on access to public funds Very important that evidence goes in with the immigration application to evidence destitution & representations on why should not get an NRPF condition Local authority should provide evidence if supporting the family
12 Challenging NRPF condition Form to request removal of NRPF condition: OISC confirmed this form immigration advice but caution necessary Try to help with form & evidence If unsuccessful, judicial review? Legal aid
13 Getting legal assistance Legal aid available? Find a firm with a legal aid contract in relevant area of law Filter by categories of law If no legal aid, consider other options (limited)
14 Legal aid exceptional funding? Legal Aid Agency can grant funding exceptionally in areas that are generally out of scope Govt were not expecting to grant for immigration cases, even for separated children Designed as a safeguard but not working in practice: 1 April March 2014: 1519 applications, 57 grants. Immigration: 235 applications, 4 grants. Providers not paid to make application but will be reimbursed if successful Gudanaviciene & Others v Director of Legal Aid Casework & Anor [2014] EWHC 1840 POSITIVE CASE
15 Other options Free initial advice? E.g. MCP advice line, Hackney Migrant Centre, Haringey Migrant Support Centre Free representation? Very limited. E.g. Cardinal Hume Centre, Project for the Registration of Children as British Citizens at Ealing Law Centre, CCLC citizenship project, RAMFEL, Lewisham Refugee & Migrant Network Pay privately? Find a quality firm. Fixed fee Local authority pay?
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