Applications for British Citizenship for Looked After Children & Young People

SCOPE OF THIS CHAPTER

This chapter outlines the process for obtaining British citizenship for looked after children and young people. The chapter also contains information sheets available in seven European languages.

This chapter was added in April 2023.

1. Overview

The purpose of these Terms of reference is to explain the agreed procedure when an application for British Citizenship is being considered for a Looked after Child, for whom the Local Authority has Parental Responsibility. For the purposes of this document British Citizenship will be referred to as BC. Children and Young People will be abbreviated to CYP.

There is no legal requirement for a Looked after CYP to become a British Citizen. If the looked after CYP is not automatically British they may be able to become a British Citizen under the provisions of the British Nationality Act 1981.

British Citizenship conveys a number of rights and privileges to the holder that nationality such as:- ability to travel on a full British Passport; right to live permanently in the UK; free access to the NHS; no work restrictions; right to vote and many more.

However, unlike the requirement to ensure that a CYP has lawful leave to remain in the UK (if they don’t have the right to abode in the UK), acquiring BC is a choice, for which several factors need to be considered such as :-

Is it in the CYP interest to become British?
Will acquiring BC affect their eligibility to any other nationality they currently hold or are entitled to?
If so, is it still in their interest to become British due to what is best for their future?

There are different ways in which CYP can become British. Some have a clear entitlement for example:- if they were born both in the UK and have spent their first 10 years in the UK; or if they were born in the UK and since their birth their parents have become British or are present and settled in the UK; if they were born in the UK. Others who do not fall into these categories may have to rely on a discretionary application to the Secretary of State.

2. Hull City Council Procedure

Before applications for BC are made to the Home Office for CYP for whom Hull City Council has parental responsibility, careful consideration needs to be given to eligibility and the implications that gaining British Citizenship will have for them both now and in the future. The legal leaflet ‘British Citizenship Information sheet’ attached explains this.

Gaining the views of the CYP, parent (wherever possible), IRO and social worker is important and the benefits and risks need to be carefully balanced. The plan to apply for British Citizenship needs to have been agreed at a looked after children review.

It has been agreed that applications for BC will only be made after a decision record has been completed and authorised by the Assistant Director/ Director for Children’s services.

To assist the Assistant Director/ Director in reaching this decision this form needs to be completed in full, with agreement of the CYP (where age appropriate), IRO, Group manager and Head of service. Legal advice is also required. This all needs to be completed prior to consideration by the Decision Maker. The views of the parents should be gained whenever possible.

3. Process – Decision Record completion

When a plan to apply for BC has been agreed at the LAC review, the ‘BC decision record’ needs to be completed. (See BC Form 1)

It is the responsibility of the child’s SW to complete sections 1-4 of the form before coordinating the completion of sections 5-7 of the form by the IRO, the Group Manager and the Head of service.

If there is a difference of opinion about whether BC should be applied for, a professionals meeting should be held. This meeting could be chaired by the Group Manager and a clear recommendation made about the proposed application. The SW should complete section 8 of the form following the meeting.

Once sections 1-8 of the BC decision record is completed it should be sent to the Court Case Manager for checking / QA.

The court case manager will then forward to the legal dept. for the Legal advice section to be completed. It is expected that this will be completed within 1 week of receipt and returned to the Court Case Manager.

Court Case Manager will then send to the Decision Maker with an expected date of completion included.

Once the Decision has been authorised the Decision record will be saved on to the Child’s record and the SW will be asked to complete relevant application form.

Should parents or young people request legal advice it is important to note that the use of a legal advisor ( whether paid or unpaid) must be regulated by the Office of the Immigration Services Commissioner (OISC), an independent body. The provision of such advice is prohibited unless a person works for an organisation registered with, or exempted by, the OISC or is authorised to practice (like solicitors and barristers) by a designated professional body. A full list of OISC regulated advisers is available on its website.

4. Application for British Citizenship to the Home Office

The social worker needs complete the relevant application form which can be completed online or downloaded from British citizenship - GOV.UK (www.gov.uk).

Form MN1 is for children born in the UK whose parents became British or are present and settled OR children born outside the UK to parents who are British by descent and have lived in the UK for 3 continuous years before the child’s birth or for 3 years prior to the application.

Form T is for children who were born in the UK and have been resident in the UK for 10 years.

The application asks if children aged 10 and over are of ‘good character’. This is part of the eligibility criteria. ‘ The definition of ‘good character is not sated within the legislation but character issues within the policy guidance include criminality and other ‘non- conducive activity’ There is no specific guidance about what this means but it is understood that

Evidence will need to be provided that verifies information in the application form, for example about length of time in the UK, place of birth or verification that the child’s future lies in the UK. A copy of child’s birth certificate or passport is needed.

When the application form is completed, this should be sent to Business support manager, Helen Netherton, who will send to the Home Office and track / monitor the progress.

Be mindful that a decision about the application can take up to 6 months.

Business support manager will notify SW team when decision is made by the Home Office.

If a looked after child does not have entitlement under legislation to apply for British Citizenship under the above categories, enquiries can made to the Secretary of State to use the discretionary powers under the legislation to allow the child to be registered British outside the above entitlements. Further information can be sought via CVPT@homeoffice.gov.uk

As part of the application, all applicants, including children, are required to enrol their biometric details for the purpose of identity verification. Children under the age of 6 do not need to provide fingerprints but must have a digital photograph taken of their face. Up to the age of 6 the Home Office only requires a digitised image of the child’s face, although the regulation does not prevent fingerprints being recorded from children aged less than 6 years.

Children under the age of 16 must be accompanied by a legal guardian at their biometric enrolment appointment.

Notification will be given about where the child/ young person has to go to enrol their biometric details after the application is made.

5. Fees for applications for British Citizenship

Ordinarily an application to register a child as a British Citizen would cost £1012. However, an amendment to these fees regulations from June 2022 has meant that that Looked after children are exempted from the requirement to pay the fee.

A letter from the LA to verify that the CYP is looked after will be needed as evidence that they are exempt from the fee. A payment slip also needs to be completed ‘Payment slip – citizenship and Right of abode applications’ www.gov.uk. and the appropriate box ticked indicating that the child is looked after by the LA and therefore exempted from the fee. The Business support manager is able to assist with this.

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