SCHEDULES

SCHEDULE 1Civil legal services

C1Part 1Services

Annotations:
Modifications etc. (not altering text)

F1Immigration, citizenship and nationality: separated children

Annotations:
Amendments (Textual)

31A

1

Civil legal services provided in relation to a relevant application where the services are provided to an individual who, at the time of applying for those services, is a separated child.

2

A relevant application is—

a

an application made by the separated child or another person under the immigration rules for the grant of entry clearance, leave to enter or leave to remain in the United Kingdom (whether under or outside of the immigration rules),

b

an application made by the separated child outside of the immigration rules for the grant of leave to remain in the United Kingdom, or

c

an application made by the separated child for registration under the British Nationality Act 1981 as—

i

a British citizen,

ii

a British overseas territories citizen,

iii

a British Overseas citizen, or

iv

a British subject.

3Exclusions

Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

4Definitions

In this paragraph—

  • “child” means an individual—

    1. a

      who is under the age of 18, or

    2. b

      whose age is uncertain, but who is treated by the Director as being under the age of 18;

  • “entry clearance” has the same meaning as in the Immigration Act 1971;

  • “immigration rules” has the same meaning as in the Immigration Act 1971;

  • “leave to enter” and “leave to remain” are to be construed in accordance with the Immigration Act 1971;

  • “separated”, in relation to a child, means—

    1. a

      not being cared for by a parent,

    2. b

      not being cared for by a person with parental responsibility for the child (within the meaning of section 3 of the Children Act 1989), or

    3. c

      looked after by a local authority (within the meaning of section 107(6)).