Question to the Home Office:

To ask Her Majesty's Government what support they provide to the children of asylum seekers who are expelled from the UK following imprisonment for a criminal offence.

The Home Office’s immigration departments have a legal duty under section 55 of the 2009 Borders, Citizenship and Immigration Act to have regard to the need to safeguard and promote the welfare of children in the discharge of its functions.

Where the child of a foreign national offender is not being deported and remains with their other parent or guardian whose asylum claim in the UK is outstanding or being appealed, support may be provided under section 95 of the Immigration and Asylum Act 1999 in the provision of accommodation or cash subsistence in circumstances where the family would otherwise face destitution.

In the event that the asylum-seeking parent or guardian is appeal rights exhausted and their dependents are 18 or over, they may qualify for ongoing support under section 4 of the Act if they face a practical barrier to leaving the UK.

Where an asylum-seeking family have received refugee status, they would be eligible to apply for mainstream social security benefits and accommodation.