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<p>The Home Office has put in place a comprehensive vulnerability strategy to ensure
that the EU Settlement Scheme (EUSS) is accessible for all, including children in
care.</p><p><br>The Home office has been engaging with relevant stakeholders such
as the Department for Education, Local Government Association and Association of Directors
of Children’s Services to assess the needs of this group and ensure they are supported.</p><p><br>For
England, Scotland and Wales local authorities (LAs) and for Northern Ireland Health
and Social Care Trusts (HSCTs) will have responsibility in ensuring that applications
are made on behalf of all looked after children for whom they have full parental responsibility
and who are EEA citizens or family members and to assist with accessing services with
status once granted.</p><p>If the child is cared for under shared care provisions,
then it is LAs and HSCTs responsibility to ensure that the child, and their carers,
are aware of the need to make an application to the EUSS, signposting and pointing
them to practical support where needed.</p><p>LAs and HSCTs also have continuing duties
to support care leavers and therefore have the responsibility to identify those eligible
to apply to EUSS and to ensure that they make an application. Making an application
to EUSS for those who are eligible and to keep an adequate record of applications
and status granted should form part of the necessary pathway planning for care leavers
ordinarily carried out by LAs and HSCTs in the discharge of their duties.</p><p>A
child does not require consent from an adult in order to apply and can make their
own application. However, children who have failed to make an application by the deadline
as a result of a parent or guardian having failed to submit an application on their
behalf would meet the criteria for being permissible to submit a late application.</p><p>It
is not possible to apply for British citizenship under the EUSS. There is no requirement
for any local authority to make an application for British citizenship on behalf of
a looked after child: EEA and Swiss children, and the non-EEA children of EEA and
Swiss citizens, can obtain the status they need to remain in the UK by making a free
application to the EUSS. As there is no need for LAs or HSCTs to make applications
for citizenship there is no reason why any of the costs of doing so should be incurred,
unless the LA or HSCT voluntarily chooses to do so.</p><p>Obtaining identity documents
should be a familiar process for LAs and HSCT due to these documents being required
in other circumstances.</p><p><br>The Home Office has introduced a range of support
including up to £9 mil-lion grant funding for voluntary and community organisations,
assisted digital support and support via the EU Settlement Scheme Resolution Centre.</p><p><br>A
New Burdens Assessment has also been produced in collaboration with key stakeholders
representing local authorities and children’s social services to ensure they are funded
to identify and support eligible EEA children and family members in care.</p><p><br>The
EUSS has been designed to be streamlined and user-friendly, and the majority of applicants
will be able to apply without the need for general advice from a lawyer on rights
to enter or remain required as a result of the Bill.</p><p>As the scheme is free to
apply and simple to navigate, it is not anticipated that applicants will need legal
aid but it will be available to some particularly vulnerable individuals. Legislation
will also be introduced to bring immigration matters for separated migrant children
into the scope of legal aid, meaning this group will get support in securing their
immigration rights. Legal aid may also be available through the Exceptional Case Funding
scheme where a failure to provide legal aid would breach, or risk breaching, ECHR
or enforceable EU law rights.</p><p>The Home Office has created and issued guidance
about the EUSS to help LAs and HSCTs understand their responsibilities for supporting
looked after children and care leavers and how to apply. The EUSS has been designed
to be as simple as possible, but we have committed to working with applicants, and
those supporting them, to ensure they obtain the status they need where required.
The guidance is clear that where necessary, because of case complexity, or if there
is any doubt about how to proceed, that the LA or HSCT may consider obtaining independent
legal advice, in line with their own organisation’s processes and policies.</p><p><br>Some
of the voluntary and community organisations who receive support from the grant funding
will also be able to provide legal advice.</p><p>Swiss citizens continue to enjoy
the same rights and status as EEA citizens while the UK remains a member of the EU.
Like EEA citizens, they can protect those rights and obtain a permanent UK immigration
status by applying to the EUSS by 31 December 2020.</p><p>In the event that the UK
leaves the EU without a deal eligible EEA and Swiss citizens, and their family members,
resident in the UK by the date that the UK leaves the EU, will have until 31 December
2020 to make an application to the EUSS. However, the Government has confirmed that
it will take a proportionate approach to those that miss the deadline and make provision
for those with a good reason for missing it to apply later. A child whose parent or
guardian fail to make an application on their behalf would meet this criteria.</p>
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