Children

Pricing children out of their rights by Charlotte Rubin

Summary: Children’s rights are not for the Home Office to block, and no child should be prevented from securing British citizenship to which they are entitled by law. On Tuesday November 26th, the first day of a court case challenging the lawfulness of the Home Office fee of £1,012 for a child to register as a British citizen, Amnesty International will be protesting outside the Royal Courts of Justice to visually demonstrate significant support for the children affected by this government profiteering. Show your support and join them.

The Secretary of State, on his British citizenship application form guide, outlines the importance of British citizenship to an individual:

“Citizenship is a ‘significant life event’. Apart from allowing a child to apply for a British citizen passport, British citizenship gives them the opportunity to participate more fully in the life of their local community as they grow up.”

The British Nationality Act 1981 ensures that children who grow up in the United Kingdom (either UK-born or not), who feel just as British as their British-born friends, have rights to register as British citizens. Failure to register means one is excluded not only in the present, for example because they are not allowed to go on certain school trips, but will also continue to be marginalised in the future, when it comes to obtaining all the perks which come with British citizenship, including the right to remain, the right to vote in all elections, access to public funds, health services, and other social benefits.

Registration is fundamentally different from naturalisation, which is the process adult migrants need to go through in order to acquire citizenship. The essential difference is the role of the Home Office when processing the applications. In naturalisation cases, that role is to decide, at the Home Office’s discretion and balancing all relevant factors, whether the applicant should be made a British citizen. Contrastingly, in registration cases, it is simply to recognise a pre-existing right to citizenship laid out in statute.

Academic researchers have estimated there to be around 120,000 children in the UK without British citizenship, around 65,000 of whom were born in the UK. However, many of these children do not register for citizenship, not because they are not eligible, but simply because they cannot afford to. Since 2007, the Home Office have started charging applicants more than the administrative cost of processing the application, aggravating the situation. The Home Office states that the fee, currently priced at £1,012 is made up of two parts: £372 for the administrative cost of processing registration, and £640 as a profit element to finance the immigration system. In other words, the Home Office is profiting off children who are merely claiming what is rightfully theirs, and they are making twice as much profit as the actual cost price.

In practice, the Home Office fee hinders children in exercising their rights under the 1981 Act. This sort of exclusionary policy not only jeopardises a child’s start in life; it also undermines their future. Ultimately, if a child is unable to pay the £1012 fee today, that may well be the reason why that same child cannot afford to go to university eight years from now, because they cannot get a student loan. In addition, their children won't be recognised as British either, even if they are the second or third generation in their family born and brought up in the UK.

This outrageously discriminatory Home Office policy needs to stop. Children’s rights are not for the Home Office to block because of finances, and no child should be prevented from securing their British citizenship. In order to allow children to exercise the rights which were conferred upon them by Parliament, the Home Office fee should be reduced; the profit element of the fee should be removed altogether. In addition, for people from disadvantaged backgrounds, public funds should be made available to cover the fee in full. Children should not have to raise funds to pay for their registration rights, particularly where these rights are by entitlement. That is why the Project for the Registration of Children as British Citizens (PRCBC), a London-based charity which fights for British citizenship rights of children born in the UK to migrant parent(s), is challenging the lawfulness of the Home Office fee in court.

PRCBC’s case is centred on challenging the Home Office’s flawed, quid pro quo argument on which they rely to justify the elevated fee. The basic premise of their approach is that those who are profiting from the immigration system, should also be paying for it. However, since these children are merely asking for recognisance of their entitlement, their applications for registration fall outside of immigration law and policy. Registering as a British citizen is not a benefit the Home Office grants these children. Rather, it is a recognition of a right these children already have by law. Therefore, they are not profiting from the system, and it is only natural that they should not be made to pay for it.

British citizenship, especially for children and young adults, is about much more than just getting the right documents. It is about identity, integration, a sense of belonging, and about confirmation that the UK is their home. It is about having the same rights, feeling part of their peer group and much more. That is why on Tuesday 26 November, the second day of the PRCBC proceedings, Amnesty will be protesting outside the Royal Courts of Justice to visually demonstrate significant support for PRCBC and for the children affected by this government profiteering.

Show your support and join them.

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