A little about us Immigration control Young person s journey into undocumented status Young person s journey into separated status? Multiple and severe disadvantage Issues young people face Additional barriers to working with this group of young people Examples of good practice in London The headliners Access to justice
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Not a British Citizen = subject to immigration control
The UK Government controls who comes in and out of the country They decide who: Enters the UK Who can stay in the UK How long a person can stay and for what reason Whether a person can stay permanently or not Who should be removed from the UK Who can t return to the UK Visa control through British offices abroad Border control and immigration checks UK Immigration Services in the UK (known as UKVI) Through vast and complex immigration laws, regulations and policies WHAT HOW
Most people need to apply for permission (permit/visa) before they come to the UK so that they can be here lawfully. Some important things about visas/permits: They are often time limited (will expire) There are lots of restrictions that may be attached to a visa that must be followed including NRPF bar. If left un-extended a person moves from documented/lawful to undocumented status
To visit To work To join Students For protection (asylum) Holiday Family Friends Schools Youth exchange etc. Professionals e.g. Doctors, chefs, teachers Set up a business etc. Their family who live / work in the UK Their partner who lives / works in the UK To learn English To study at University Scholarships Student nurses etc. Not safe in country of origin e.g. War / conflict fear of persecution / violence
Visa Permit Permission to enter Leave to enter Entry Clearance Permission to remain Leave to remain Limited leave to remain Indefinite leave to remain Temporary admission (TA) Home Office British Embassy British Consulate Border Force Immigration Services UKVI (UK Visa & Immigration) police / enforcement officers (immigration officers with arrest powers) Immigration Status Immigration Authorities
Thousands of CYP in the UK who are subject to immigration control. An undocumented young migrant is broadly defined as someone without lawful permission (leave) to enter or remain in the UK. True figures of young people are unknown 2012 report estimated 120,000 undocumented children in the UK, 65,000 of whom were born here Many CYP can very easily move from a position of documented to undocumented status
Documented Undocumented - Visa / leave expires (overstayer) - Never applied to regularise status - Extension application refused - Immigration laws / policies change - Asylum refusal /appeals exhausted - CYP may have no idea they have not status! - They may think they are British - Family control immigration issues (deceive / protect)
Some people may arrive into the UK without a passport/visa; on a false documents; or their visa has expired. There are lots of reasons for this: They escaped to a safe country (UK) without the right documentation They lost their job and/or couldn t meet other requirements of their visa/permit They have family in the UK and want to stay with them They are too sick to return to their country of origin They came to the UK for a better life and want to stay after their visa expires Some people may be asked to leave / removed from the UK (breached visa terms/deportation or removal action) Those charged with criminal offences are likely to be subject to prolonged detention / deportation proceedings
People without permission to stay/remain in the UK maybe referred to as: Undocumented Unlawfully present Illegal Without status / no status / irregular status Overstayer (overstayed their visa/permit) Illegal entrant Appeals Rights Exhausted (ARE)
Family breakdown Run away from family / carers (abuse/neglect) Child protection intervention Abandoned by primary care giver Primary carer deceased Detention of family Removal of family Escape their trafficking / exploitation situation
Homelessness Limited / no healthcare NEET Shame, stigma, isolation NRPF
Insecure immigration status has a serious impact on: YP s sense of self / identity YP s ability to cope with the day to day Education Welfare physical, mental and emotional wellbeing Overall development Future stability and impede future opportunities, including access to FE, employment
Children vulnerable to exploitation Sexual exploitation Labour exploitation Entering into unhealthy / abusive / exploitative relationships Unmet health needs escalating Teenage pregnancy Drug and substance abuse Children at risk of harm in country of proposed return
Big Brother State Registering with GPs and accessing health services Enrolling into FE (status checks) Opening bank accounts Housing / landlord checks
Early intervention by local authorities to address needs and status Activities to tackle isolation Education programmes Counselling and mental health services Advocacy support services Life mapping helping CYP to understand their identity, relationships, ordinary lives and their futures Emergency housing for YP 18 25 years
Basic needs: food & shelter Education Therapeutic / Health services Social Networks & ties Personal Development Activities to minimise isolation Support services
Undocumented and separated CYP have varied and complex migration profiles and backgrounds They often live chaotic lives, have suffered abuse, neglect and/or violence during their childhood and have complex family histories and relationships; Many will be CYP in the care system, facing the same challenges as any other YP in care
Early intervention to identify the young person s immigration problem as soon as possible Help for young people to overcome challenges with their identity, isolation, coping skills Help to protect them from further harm Advocacy support is essential to access relevant support and services Access to timely legal representation
Protection No status / visa expired Born in the UK Immigration Applications
There are many different types of immigration applications that can be made in the UK to regularise a person s status. Immigration Applications specific to young people and their families Nationality Applications (British Citizenship) Protection claims ( Asylum applications)
The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) came into force on 1st April 2013 changing the way that legal aid services are provided and what areas of law remain in and out of the scope of legal aid. Before April 2013 legal aid was available in all areas of law where the person could not afford to pay for legal representation. After April 2013 lots of areas of law have now been taken out of scope of legal aid so even if you can t afford to pay you can t get legal aid.
Employment Education Private family law issues Social welfare (benefits, debt) IMMIGRATION applications (under the immigration rules inc. Article 8 ECHR and British nationality applications)
New claim for asylum = YES - LEGAL AID Fresh Claims = YES (but not easy to get a lawyer to agree to take the case) British Nationality = NO All other Immigration applications = NO (very rare exceptions) Exceptional Case Funding (ECF) scheme - applications for legal aid can be made to the Legal Aid Agency (LAA)
Feel free to get in touch! Baljeet Sandhu Solicitor & Director MiCLU miclu@islingtonlaw.org.uk