Immigration: Children

(asked on 1st July 2019) - View Source

Question to the Home Office:

To ask Her Majesty's Government whether children applying for settled status are subject to automatic criminal records checks; and whether such children are required to declare (1) if they have been convicted of an offence, and (2) that they are subject to criminal proceedings.

Answered by
Baroness Williams of Trafford Portrait
Baroness Williams of Trafford
Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
This question was answered on 15th July 2019

Applicants to the EU Settlement Scheme under the age of 18 are not required to answer questions relating to suitability. Applicants under the age of 10 are not subject to the automated criminal record check.

The suitability requirements for the scheme apply to all applicants under the age of 18. However, under the relevant provisions of the Immigration (European Economic Area Regulations) 2016, children under the age of 18 benefit from a higher level of protection and can only be deported on imperative grounds of public security.

There is no single definition of the type of offences likely to satisfy this higher threshold, but offences with a cross-border dimension which disclose particularly serious characteristics are more likely to do so.

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