Home Secretary Shabana Mahmood’s sweeping asylum reform package sparked fresh criticism on 19 November after officials confirmed that children born in the UK could be removed if their parents’ temporary refugee status is later revoked. The policy, modelled on Denmark’s ‘return-when-safe’ approach, is intended to deter families from using childbirth as a means of securing long-term residence.
Under the plan, all refugees will receive only provisional protection and must re-apply every 30 months. If a parent is refused at a future review, dependent children—including those born on British soil—will lose derivative leave and face removal to the family’s country of origin.
![Controversy as Home Office confirms deportation of UK-born children if parents lose refugee status]()
Legal experts say the measure will trigger complex litigation under Article 8 of the European Convention on Human Rights (right to family life). Lord Dubs called the proposal “morally indefensible” and warned that forcing children to leave the country they have known since birth will hamper integration outcomes.
For employers this introduces uncertainty for refugees already in the workforce. HR teams should track the visa expiry dates of staff on refugee-related leave and be ready to manage sudden right-to-work changes or compassionate-leave requests if family removals are scheduled.
Under the plan, all refugees will receive only provisional protection and must re-apply every 30 months. If a parent is refused at a future review, dependent children—including those born on British soil—will lose derivative leave and face removal to the family’s country of origin.
Legal experts say the measure will trigger complex litigation under Article 8 of the European Convention on Human Rights (right to family life). Lord Dubs called the proposal “morally indefensible” and warned that forcing children to leave the country they have known since birth will hamper integration outcomes.
For employers this introduces uncertainty for refugees already in the workforce. HR teams should track the visa expiry dates of staff on refugee-related leave and be ready to manage sudden right-to-work changes or compassionate-leave requests if family removals are scheduled.
