Internationally blended families involving EU citizens and British-born children are being warned that their children could face serious problems after Brexit if they do not already have documentation that proves their right to stay.
Parents are being urged to document their children’s status as soon as possible to avoid hostile environment checks by the Home Office which could mean measures such as bank accounts being closed, driving licences cancelled and job offers being withdrawn. Children born to parents who will be granted settled status under the post-Brexit system proposed for EU citizens should not have problems because the documentation will exist for their mother and father, however due to the fact that British nationality laws on the acquisition of British citizenship were written long before the freedom of movement rules gave EU citizens who move to and settle in another member state, automatic right of permanent residence after a period of time, if neither parent was British at the time of a child’s birth, that child will later struggle to prove the British citizenship to which he or she is entitled from birth.
While at present such children may remain in the country without issue as EU citizens under EU law, post-Brexit they will need to demonstrate that they have the right to be in the country once they turn 18 and this will turn on the rights of their parents. Other categories of vulnerable minors include those taken into care, or children whose parents will find it difficult to get Permanent Residency because they have not had continuous residence in the UK for whatever reason including because of the nature of their work.
Parents are being encouraged to document their children’s stay in the UK as the child will need to provide – often many years later – proof that their parents were legally in the UK while they were a child. Alternatively parents could apply to register their children as British citizens however at a cost of more than £1,000 for each child this may prove to be a financial barrier for many.
There is no published data on the number of children born to two EU citizens in the UK, but researchers believe it will run to thousands if not tens of thousands. The Home Office has said that children of EU citizens living in the UK, including those who are not already British citizens, will be eligible for settled status, meaning that their rights will be protected and their status will be documented. They will be able to live in the UK in the same way as they do now. More details on the settlement scheme will be released shortly.
