UK Immigration White Paper Series – Part 9: Child Citizenship and the Care Sector
On 12 May 2025, the Home Office published its latest white paper, Restoring Control Over the Immigration System, outlining a series of proposed reforms to the UK’s immigration framework. Whilst many of these proposals have raised concerns within the immigration community, there are some encouraging developments. Notably, the Government has committed to support children who reach the age of 18 and discover they do not possess legal status in the UK, as well as providing a clear pathway for those in care or who have left care.
Why has this change been proposed?
A 2017 report by the Institute for Community Research and Development found that there were as many as 215,000 undocumented children in the UK, a significant increase from approximately 120,000 in 2011. Given the trajectory, this figure is likely to be even higher in 2025. Children who turn 18 without legal status face significant obstacles, including restricted access to employment, education and welfare, and, in some cases, the threat of removal from the UK.
An article from KIND illustrated this issue through Marco’s story; a 16-year-old in local authority care who was born and lived his whole life in the UK believing himself to be British. In reality, with EEA parents, Marco was not automatically a British citizen. He was required to make a complex application before turning 18, after which the process would have become significantly more difficult. Many children or their parents only become aware of their lack of legal status when applying for university or requiring a passport for a school trip. The problem, therein, is that citizenship becomes a more complex process the older you become.
Existing pathways to citizenship for minors and young adults
Under section 1(3) of the British Nationality Act 1981, a child under 18 may be registered as a British citizen if one of their parents becomes a British citizen or obtains settled status. Section 1(4) provides that children born in the UK who have resided in the country for the first ten years of their life, possess a statutory entitlement to citizenship. These applications are relatively straightforward and are estimated by Coram: Children’s Charity (“Coram”) to cost around £1,037.
However, beyond the age of ten, the requirements become more stringent. Applications must now include a good character assessment, which can be adversely affected by any criminal convictions or breaches of human rights violations.
Yet, when turning 18, those without legal status face the most difficulties. Now, an applicant must satisfy the English language requirement, pass the life in the UK test, provide biometrics and supporting documents as well as paying the naturalisation fee of £1,735. Coram estimates an application from a young person who has left care can cost as much as £130,000, including Home Office fees, legal fees, and living support.
The Government’s proposal
The current system clearly presents significant barriers for minors and young adults who lack legal status. In paragraph 267 of the white paper, the Government acknowledges this issue and states that, in the ‘near term’, they will ‘ensure children who have been in the UK for some time, turn 18 and discover they do not have status, are fully supported and able to regularise their status and settle’. Whilst this pledge is promising, the specifics of the proposed support remain unclear. It is not yet known whether this will involve legal representation, financial aid, the creation of a new immigration route or another mechanism entirely.
Additionally, there is also ambiguity regarding the eligibility criteria. For example, will the duration of a young person’s residence in the UK need to mirror the ten-year requirement under section 1(4), or will a more general standard of continuous residence apply? Regardless, the proposal should serve to make the process of registering for citizenship as a young adult simpler for those who only discover their lack of status as young adults.
The same paragraph also addresses children in care and care leavers, stating that there will be a ‘clear pathway’ for these individuals to settlement. This may signal the introduction of a new route to citizenship for this group, potentially with simplified criteria. However, as with other aspects of the proposal, the details have not yet been disclosed. Considering the Government’s intention to make these changes in the near term, it is hoped that further clarification will follow in the near future.
Final Thoughts
With extensions to the qualifying period for indefinite leave to remain, increases to the Immigration Skills Charge, and a worrying general narrative, these proposed citizenship reforms represent a more positive element of the white paper. They offer crucial support to individuals who are, in many respects, British, but who lack formal status at a pivotal stage in their lives. These reforms may enable them to access education and employment opportunities more readily.
Whilst the form of the proposed support or clear pathway is unclear, it is hopeful the over 215,000 undocumented children currently in the UK will stand to benefit. However, whilst these changes are a step in the right direction, greater support for the care sector could further assist in identifying immigration issues at an earlier stage, when they are often easier and less costly to resolve.
How We Can Help
If you have any questions stemming from this article or the white paper in general, do not hesitate to contact Mandeep Khroud at Irwin Mitchell.
Further Insights About The White Paper
Irwin Mitchell's Immigration team is producing a series of articles which examine key proposals within the White Paper. All these can be accessed via the following link.
