Family with dependent children who have no leave to remain and who have not made a claim for asylum/protection
Produced in partnership with Bronwen Jones and Frances Allen of Goldsmith Chambers
Family with dependent children who have no leave to remain and who have not made a claim for asylum/protection

The following Local Government practice note produced in partnership with Bronwen Jones and Frances Allen of Goldsmith Chambers provides comprehensive and up to date legal information covering:

  • Family with dependent children who have no leave to remain and who have not made a claim for asylum/protection
  • Applicable families
  • Duties of the local authority
  • The issue for the local authority
  • Questions for the local authority
  • Whether the family is destitute
  • Whether there is any practical impediment
  • Whether there is any legal impediment
  • Procedural protection
  • Providing assistance—avoiding a breach of ECHR rights

Applicable families

This Practice Note covers the situation where a family with at least one child under the age of 18 is within the UK with no current leave to remain (LTR), (ie in the UK illegally within the meaning of paragraph 7 of Schedule 3 to the Nationality, Immigration and Asylum Act 2002 (NIAA 2002) and they have not made a claim for asylum/protection as defined by NIAA 2002, s 82(2) (as amended)).

The case of R (on the application of EAT) v Newham LBC considered how a local authority (LA) should approach section 122(5)(b) of the Immigration and Asylum Act 1999 (IAA 1999) and whether there were reasonable grounds for believing that a person had made a claim for asylum that would prohibit the LA from providing support. The court found that the focus of such an assessment should be the relevant application and whether such a claim has been asserted, either expressly or impliedly.

When the family have:

  1. made no application to the Secretary of State for the Home Department (Home Secretary) to regularise their stay

  2. made an application raising a breach of human rights in the UK but there has been no decision, or where

  3. the Secretary of State for the Home Department has refused the human rights claim

the family may make an application for assistance to the LA.

Duties of the

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