Practical guides on Appendix FM and British citizenship applications published by Greater Manchester Immigration Aid Unit
Greater Manchester Immigration Aid Unit (GMIAU) last week published two new guides to help social workers better understand how they can secure immigration status for children in their care.
As GMIAU explains, with free legal immigration advice is in short supply, social workers can act on behalf of children directly in some cases, such as citizenship or family-based applications. The guides empower social workers to play a more active role in securing children's immigration status, though charity stresses that more complex situations will still require specialist legal support. Indeed, the guides should always be used alongside getting specialist immigration advice for a child's specific situation.
The 16-page Annex FM: A Guide to Understanding and Completing Annex FM Applications can be downloaded here.
Under Appendix FM of the Immigration Rules, local authorities can make applications for children in their care based on family or private life considerations. The guidance highlights that social workers, who act in a parental role, are often best placed to decide what is in a child's best interests – whether that is exploring family overseas, supporting an asylum claim, or applying for leave to remain in the UK.
GMIAU's guide outlines scenarios where Appendix FM applications may be appropriate, such as when a child has been abandoned in the UK, trafficked, or left without valid immigration status. While some cases will require specialist legal representation, the guide equips social workers with practical steps to secure stability for children. It provides practical advice on gathering evidence and completing applications.
The 29-page British Citizenship for Children in Care A Guide for Social Workers can be downloaded here.
It sets out when and how local authorities can make citizenship applications on behalf of children, which, as GMIAU notes, is often the best route for children whose future lies in the UK. Yet an estimated 215,000 children across the country remain undocumented, and at least one in ten children in care are not British citizens. Without secure immigration status, these young people risk exclusion from university, housing, employment and may even face the possibility of removal from the UK.
GMIAU stresses that resolving immigration status must be built into care planning, not left until a child turns 18. The guide states: "There is a duty upon social services to regularise a young person's immigration status while they are in care. Failing to do so could lead to costly legal action against the Local Authority and significant consequences for the young person, with removal from the UK being the most extreme outcome."
As the guide explains, some children in care may wrongly assume they are British or may not know their true nationality. Social workers are encouraged not to rely on assumptions about a child's nationality based on birthplace, accent, race or name.
Citizenship applications are now free for children in care, and some straightforward cases can be completed directly by social workers. The guide provides an overview of the most common citizenship applications, and the evidence required to make a successful application.
More complex citizenship cases will require legal support. It should be noted that GMIAU offers training and consultation sessions for local authorities in Greater Manchester to ensure no child in care remains undocumented.