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Care experienced young people with immigration needs

Immigration status and how we can help you access services

Young people with immigration needs are described in legislation as ‘separated migrant’ or ‘unaccompanied asylum-seeking child (UASC)’.  

Your entitlements

If you are under 18, you will have the same entitlements as any other child in need in Torbay. 

When you turn 18, your care and support will depend on your immigration status. We will work with you to plan for one of three outcomes: 

  • Support to build a future in the UK if you are granted leave to remain. 
  • Ongoing support while you wait for a Home Office decision. 
  • Help to make a back-up plan if your application is refused and all appeals are exhausted. 

Types of immigration status

Refugee status

Granted to someone recognised as a refugee under the Refugee Convention. This usually allows you to stay in the UK for five years, after which you can apply for Indefinite Leave to Remain. 

Indefinite Leave to Remain (ILR)

Also known as permanent residence or settled status. This allows you to stay in the UK permanently. 

Discretionary Leave

Granted when you do not qualify for refugee status or humanitarian protection, but there are strong reasons for you to stay temporarily. 

If you have no remaining appeal rights, we will assess whether ending your leaving care support would breach your human rights. 

Support we will provide

Education training and employment

We will help you access education, training and employment. This includes improving your English, learning independence skills and following your pathway plan. Support may change depending on your immigration status. 

Accommodation

We will make sure you have somewhere safe and suitable to live before you turn 18. After 18, if you have status, you can join Torbay’s housing register. We will help you apply as early as possible. 

If you want to live outside Torbay, we will support you if the local authority there accepts a housing duty. If not, we will help you access housing in Torbay. If you move into housing at 18 and later lose your immigration status, you will lose access to public funds and housing. Your personal advisor will support you with next steps. 

Healthcare and emotional support

We will make sure you receive the health care and emotional support you need. If you are under 21 and in education, you are entitled to free NHS treatment. If you do not have status and have no appeal rights, you must pay for NHS treatment. 

Other support

We will provide interpreters when needed and consider your dietary, cultural and religious needs. 

If you want an advocate, speak to your personal advisor who will arrange this for you. 

If you are under 18, we will support you to take part in leisure activities and prepare for independence. 

We will help you trace family members in the UK. If you want to find relatives in another country, we will help you access specialist tracing services. 

For further support, the Refugee Council is a UK charity that supports refugees to rebuild their lives and have their voices heard.