Coram Children's Legal Centre have produced a helpful briefing on the impact of 'No Study' conditions and immigration bail on the education of asylum seeking and undocumented children and care leavers.
In January 2018, the UK government made significant changes to the law regarding immigration bail and detention. ‘Immigration bail’ replaced several old kinds of status, including ‘temporary admission’, a type of leave given to asylum seekers in the UK. The changes mean that many children and young people may not be allowed to study while in the UK without leave to remain or enter.
Although the name is confusing, ‘immigration bail’ does not just affect people who are asking to be let out of immigration detention. The new immigration bail provisions affect any child or young person who does not have leave to enter or remain but needs it to live in the UK.
Many children and young people will be affected by these changes, including:
- Unaccompanied asylum-seeking children (UASC)
- Asylum seekers
- Undocumented children and young people
- Appeal rights exhausted (ARE) children and young people
- Care leavers who have not resolved their immigration status
The Home Office has the power to arrest and detain someone who breaches an ‘immigration bail’ condition or who they reasonably believe will breach a condition.http://www.childrenslegalcentre.com/resources/no-study-immigration-bail/
source childrenengland 26.04.18