Right to reside for foster child / care leaver

We are not supposed to provide immigration advice on here, but just generally I think it is quite widely known that there an EU settlement scheme and that people who have lived in the UK for at least five years can be awarded ILR with no strings under that scheme.  It is not for me to say whether your client is an EU national who has lived in the UK for at least five years, but she might want to think about asking someone else about it, or maybe she will just stumble across the link to apply on her own initiative.

The trouble with that is that you don’t have ILR until the Secretary of State formally awards it.  In the meantime she seems to have a problem in that neither her biological parents nor her step parents by marriage have ever lived or worked in the UK in her lifetime.  That means she will have a problem establishing a traditional permanent right to reside as a family member or a derivative right to reside as a student child of a worker (if she is a student that is).  UT case law involving various extended family members and kinship carers is very unhelpful to someone in her situation.

I think the only shot she has at a conventional right to reside would be if the legal nature of the Polish fostering arrangement was something analogous to adoption in the UK.  An adopted child I think would be regarded as a birth child for these purposes.

Failing all that, can she get a job?

I would agree with all of what Peter says, particularly the very carefully worded point about settled status.

But really, it’s just awful isn’t it? The lass has clearly been through so much already. The state takes her into its custody at age 12 and then at age 18 chastises her for being unlawfully in the country and refuses to pay subsistence benefits.

Elliot Kent - 16 July 2019 07:22 PM

I would agree with all of what Peter says, particularly the very carefully worded point about settled status.

But really, it’s just awful isn’t it? The lass has clearly been through so much already. The state takes her into its custody at age 12 and then at age 18 chastises her for being unlawfully in the country and refuses to pay subsistence benefits.

Yes, I had case few years back of 18 or 19 y/o Portuguese care leaver who we were completely unable to establish a right to reside for when she claimed Income Support to try and continue her studies. Abandoned by parents who never came to this country with her, she arrived with an aunt and was then subject to abuse and taken into care. Appalling situation and as you say, effectively punishing someone for the crimes of their guardians.

Has her social work not helped her to apply for British Citizenship?

Mr Jim - 17 July 2019 11:37 AM

Has her social work not helped her to apply for British Citizenship?

that, and presumably the social work records would prove everything they say.  they would have contact the polish central authority when taking her into care age 12, they would have had to (assuming they were doing their jobs properly, of course) since the Poles would have had, and wanted, a say as to what happened, or formally stated they were happy with the plan, or whatever…..

plus if she’s leaving LA care they stll have some duties to her until she’s 21 i think it is…

Thanks for the replies re right to reside, if only to confirm what my thoughts were. 

Social work have now arranged a meeting with a lawyer to get proper advice on applying for settled status.

Under Scottish legislation the LA have to assess eligible needs for aftercare support until she is 26.  She wasn’t going to starve, it was more a question of who pays, DWP or the LA.

Also in Scotland, status should be discussed and planned for as part of the Looked-after child/Young person’s Pathways Plan. The document below is quite informative and easy to read:

https://www.childrenslegalcentre.com/resources/eu-looked-after-children/

Local Authority Guidance on EU settlement scheme.