Immigration: children who are eligible for leave to remain whose parents have been convicted of a crime (KO (Nigeria) & Ors v Secretary of State for the Home Department)
Home Office policy says that children who are eligible to apply for leave to remain but whose parents are ‘foreign criminals’ must either be deported with the parent or remain in the UK without them. We are concerned that this breaches the child’s right to family life, and we intervened in a case seeking to challenge the Home Office policy.
Challenging the ‘two-child limit’ rule (R (on the application of SC and CB and their children) v Secretary of State for Work and Pensions)
The Welfare Reform and Work Act 2016 provides that child tax credit and its replacement universal credit will not be payable to any 3rd or subsequent children in a family born after 6th April 2017 (subject to some exceptions). This is known as the ‘two child rule’.
SC and CB each had a baby after 6th April 2017 and do not receive any tax credits for those children.