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Potential for British Children to be forced into Care as a result of Brexit

March 2017

An alarming consequence of the Brexit vote became apparent during the recent legal challenge at the High Court aimed at forcing the British prime minister, Theresa May, to acquire the explicit approval of Parliament before triggering Article 50.

Leading human rights QC, Manjit Gill, who is representing the rights of families and children in this case informed the court that should the UK press ahead with triggering Article 50 it could result in an unexpected impact on families where vulnerable British citizens, such as children and the disabled, who are being cared for by non-EU citizens could be placed in the position of losing their carers or guardians due to new immigration rules that would come into force post Brexit.

At the moment non-EU carers and guardians derive their right to remain in the UK from the statutory rights provided by EU law.  It appears that no provision has been considered to permit those individuals who fall into this category to remain in the UK and the Non-EU citizens would be committing an offence by remaining in the country and be subject to summary removal.

Mr. Gill pointed out that the Government has a duty to consider British citizens, vulnerable people in particular, and so far has failed to address the Zambrano case which is centred on the rights of Third Country Nationals (TCN), individuals who have the care of minors who are British citizens and are living in the UK, to remain in the UK with their charges.

The complex case is due to be concluded on the third day and should the non-EU citizens lose they will almost certainly take the case to appeal at the Supreme Court.  It is unlikely that any of the parties involved would wish that vulnerable people should be subjected to such a dramatic impact due to the Brexit vote.

Should you wish to know more about the likely impact of Brexit or you are directly affected by the potential risk posed by Brexit  please or call 020 7183 9482  for further information.

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