Children's Legal Rights Journal - Spring 2013

Illegal Immigrants and the Costs of Higher Education in the U.K.
undocumented youth by arguing that it is in the child’s best interest
to have access to these options, regardless of their immigration status.
This is especially true if they have resided in the U.K. for the same
period of time as legal citizens. The best interest standard, despite
legal immigration status, can be used to ignite legislation that
provides pathways to citizenship by removing the blame for a child’s
illegal immigration, which could stop automatic deportation of
children brought to the U.K. below a certain age, or by allowing
access to reduced costs for higher education.
Additionally, removing the requirement of legal residence
from the qualifying categories for home fees is an alternative method
to protect the best interests of undocumented youth who are pursuing
higher education. In lieu of the legal residence qualification,
universities can institute other requirements for undocumented youth,
such as stating that the youth must have resided in the U.K. since
before a certain age.
By using the best interest standard or flexibility around the
concept of legal residence when determining the cost of higher
education, the U.K. would follow the U.S.’s current legislative
attempts to protect the overall welfare of undocumented youth.
Although the U.K. has yet to propose such legislation, the recent
court decision provides an opportunity for the government to do so.
Sources:
AMNESTY INT’L, DOWN AND OUT IN LONDON: THE ROAD TO DESTITUTION
FOR REJECTED ASYLUM SEEKERS 5, 7-13 (2006),
http://www.amnesty.org.uk/uploads/documents/doc_17382.pdf.
Anil Dawar, Scandal of U.K.’s 863,000 Illegal Immigrants . . . One in
Four of the EU’s Total, EXPRESS, Dec. 18, 2012,
http://www.express.co.uk/news/uk/365637/Scandal-of-UK-s-863-000-illegal-
immigrants-one-in-four-of-the-EU-s-total.
‘Big Rise’ in Illegal Immigrants, BBC NEWS, Mar. 9, 2009,
http://news.bbc.co.uk/2/hi/uk_politics/7928880.stm.
Immigration Offences and Breaches, HOME OFF., U.K. BORDER AGENCY,
Chs. 1, 3, 4,
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/enforcem
ent/oemsectiona/ (last updated Feb. 6, 2013).
In-State Tuition and State Residency Requirements, FINAID.ORG,
http://www.finaid.org/otheraid/stateresidency.phtml (last visited Feb. 12, 2013).

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