Thousands of EU children in UK missing out on post-Brexit status
Thousands of EU children living in the UK are thought to be missing out on the protections granted by the EU-UK withdrawal agreement, base on data published by charity Settled. This has consequences that will manifest only later in life, when they will have to prove their immigration status, citizens’ rights organisations have warned.
The EU Settlement Scheme
In 2018, the British government set up the EU Settlement Scheme requiring EU citizens who were living in the UK before 31 December 2020 to apply to secure their legal status after Brexit.
In line with the EU withdrawal agreement, applicants have been granted settled status, with the right to stay permanently and access social welfare as locals, after 5 years of continued residence. Those with less than that have been granted pre-settled status and the possibility to complete the 5 year-period.
These protections concern EU children and non-EU children with an EU parent, or dependent of an EU citizen, living in the UK before 31 December 2020. They also affect children who have arrived after that date as ‘joining family members’, and children born to EU citizens covered by the withdrawal agreement.
“Cause for concern”
According to the Office for National Statistics, by 31 December 2025 the Home Office had concluded more than 5.7 million settled status applications for people aged 18 to 64 (3.4 million with settled and 2.3 million with pre-settled status), and over 1.3 million for children under 18 (more than 800,000 with settled and almost 500,000 with pre-settled status).
An analysis by Settled, an organisation supporting EU nationals through the process, however shows that the proportion of young people with post-Brexit status is much smaller than the average family composition recorded in official statistics.
“This confirms that there is cause to be concerned that there may be thousands of children in the UK who have missed out on securing their status under the EU Settlement Scheme,” the report says.
In parallel, the Independent Monitoring Authority for the Citizens’ Rights Agreements (IMA), the body overseeing the implementation of the Brexit deals, found in a 2025 survey that 38% of respondents had not applied for settled status for their children.
IMA CEO Miranda Biddle told Europe Street that “there is a potential iceberg effect”. “Under 3,000 people responded to our survey and a third of them said that they haven’t applied for their children. If you extrapolate that across the 8 million settled status applications so far, what does that mean?” she argued.
British citizenship
According to the IMA survey, most people had not submitted a settled status application for their children because they believed the child was a British citizen.
Andrew Jordan, Immigration Advice Manager at Settled, however explains that children are automatically British if “they are born in the UK and at least one of their parents is a British citizen or settled in the UK.”
“Children of people with pre-settled status are generally not entitled to British citizenship until their parents have been granted settled status,” Jordan continues.
Children born in the UK who live in the country continuously for the first 10 years of their life can apply to be registered as ‘British citizens by entitlement’ regardless of their parents’ immigration status, but this typically costs £1,000, he added.
Settled says data is not available to understand how many EU children are entitled to British citizenship, but the group found that “many more children have parents who become settled in the UK subsequent to their birth and then need to be registered as British citizens.”
“This group would benefit from making applications to the EU Settlement Scheme to evidence their immigration status and protect their rights under the withdrawal agreement,” Jordan said.
Unaware parents
The enquiries received by Settled reveal that parents do not apply for settled status for their children also because they believe their status automatically covers the children.
“It only becomes clear to the parents that their children must have their own status when they approach a service provider who asks for proof of immigration status,” the report continues. This could occur, for instance, when children access healthcare, apply for a national insurance number or for education funding, or when they travel.
Problems emerge also when parents have not secured their own status, or their struggle with children’s applications because of language issues, or they rely on rogue immigration advisers for their own position, the Settled report shows.
The deadline to apply for settled status was 30 June 2021, but submissions are still accepted if there are good reasons for the delay, the group notes.
Kate Smart, CEO of Settled, commented: “The EU Settlement Scheme affected millions of people and so we should not be surprised that some children slipped through the net. What’s important now is that all authorities be fully aware that this is the case, provide information and advice, and seek sympathetic solutions to every case.”
Last year the IMA launched the ‘Secure your child’s rights’ campaign to inform parents about what to do for their children.
The IMA also contacted all local authorities across the UK and identified over a thousand children in their care who did not have settled status and for whom “an application has now been made,” Miranda Biddle said.
Claudia Delpero, Europe Street News © all rights reserved
Image by King’s Church International on Unsplash
Europe Street News is a news service on the European Union and citizens’ rights. We are fully independent and we are committed to providing factual, accurate and reliable information. As citizens’ rights are at the core of democracy, our website and newsletter are free to read. Please consider making a contribution of your choice using this link or the menu below so we can continue and expand our coverage. We are always happy to hear your suggestions and ideas for improvement. Thank you!
