Department For Education
Children of compulsory school age broadly those aged 5 to 16 living in England are required, by law, to receive a suitable full-time education.
This includes foreign national children resident in the UK normally have the right to attend state-funded and independent schools in England.
To lawfully enter the country to access a school, foreign national children resident outside the UK will normally need either:
- a right of abode
- an immigration status which otherwise permits them to enter the UK to study at a school
Parents responsibility to check eligibility for a school place
It is the responsibility of the parents of foreign national children to check that their children have a right under their UK entry conditions to study at a school before applying for a place. It is not the role of state-funded schools or local authorities to ask for proof of eligibility before offering a place.
If foreign nationals resident outside the UK want to enter the UK to study at an independent school which is a licensed student sponsor they should contact the school directly. If it accepts the application, it will send them a reference number (called a Confirmation of Acceptance for Studies (CAS)). Parents will need a CAS before they can apply for their childs visa. They cannot enter to study at schools which are not licensed student sponsors.
Parents can find more information at Visas and Immigration.
Local authority responsibilities
Local authorities should not require parents to provide proof of immigration status before allowing them to apply for a school or require proof as any part of the application process.
They should instead advise foreign nationals who do not normally reside in the UK but who wish to apply for a state-funded school place, to check that their children have an immigration status which permits them to enter the UK to access a state-funded school. Checking is the parents responsibility, not the local authoritys responsibility. The links on this page should assist parents.
Children may be breaching their UK entry conditions by entering the country in order to attend a state-funded school if they do not have an immigration status that permits such study.
Local authorities can help parents further by adding a reminder of this to their admissions webpage and within their composite admissions prospectus. They can link to this webpage if local authorities find this helpful.
The responsibilities of state-funded schools and their admission authorities
The admission authorities for state-funded schools (maintained schools and academy schools) must not check the immigration or nationality status of foreign national children as a pre-condition for admission.
Admission authorities for state-funded schools:
- must not refuse to admit a child on the basis of their nationality or immigration status nor remove them from the roll on this basis
- must not ask to see passports or other immigration information as a condition of admission (this would be a breach of paragraphs 1.9(a) and 2.8 of the school admissions code)
- with the exception of children who are Irish nationals, must not actively recruit foreign national children who are still resident overseas as pupils
Responsibilities of independent schools which are licensed student sponsors
Independent schools which are licensed student sponsors will need to issue a Confirmation of Acceptance for Studies to any foreign national children they are recruiting from overseas for the parents or young person to be able to apply for a visa.
The rights of children who are citizens of the European Union, European Economic Area and Switzerland to enter the UK to access a school
As long as they remain living in the UK,EEA and Swiss citizens have a right to continue to attend a state-funded or independent school in England irrespective of their immigration status.
Until 31 December 2020, European Economic Area (EEA), and Swiss national children, had the right under freedom of movement and UK immigration law, to enter the country to access a school. Freedom of movement into the UK ended at the end of 2020.
Any EEA or Swiss national who arrived in the UK by 31 December 2020 wishing to continue to live, work and study in the UK should have applied to the EU Settlement Scheme by 30 June 2021. They can still apply after this deadline in limited circumstances. For example, theyre applying as a joining family member, or they have reasonable grounds for why theyre applying now, and not by the deadline or in the time between now and the deadline passing.
Unless they meet the EU Settlement Scheme requirements, EEA and Swiss national children entering the UK will be treated the same as other foreign nationals. This means they will not have the right to enter the country to access a state-funded school unless they fall within the categories of children who can enter the UK and attend a school (see sections below).
But none of the above means that schools should check their applicants or registered pupils immigration status and either refuse to admit them or remove children from roll if they are EEA or Swiss nationals whose families have not applied to remain in the UK under the EU Settlement Scheme. It is the responsibility of UK Visas and Immigration to enforce the UK immigration system.
Irish citizens
The Common Travel Area arrangements permit Irish citizens to access state-funded and independent schools in the UK. Their rights have not changed as a result of the UK leaving the EU they still do not normally require permission to enter, live and study in the UK.
Other categories of foreign national children who can enter the UK and attend a school
Children aged under 18 can usually enter the UK as dependants of a foreign national parent and attend a school if their parent or parents:
- have settled status in the UK
- are in the UK on a work or student visa
Families are, however, advised to refer to the Family Visa section of the UK Visas and Immigration website for more detailed information. The right of dependants to join family members in the UK is not automatic, and an application must normally be made.
Specific named UK immigration routes also allow children aged under 18 to enter the UK and attend a school if they are part of a family entering and residing in the UK. At the date this webpage was last updated these routes include programmes for:
- Hong Kong British Nationals (Overseas) (BNO) and their dependants who have applied, at the same time, to move to the UK as a family
- Ukrainian families fleeing the conflict in their country
- eligible Afghan citizens to enable them to resettle in the UK
- eligible people of Chagossian descent
You can find out about rights to enter under these programmes on other UK government websites.
In addition, children who have been recognised as refugees and asylum seeking children (including dependant children of an asylum seeker) in the UK who are still awaiting a decision, are entitled to access a school-based education. The outcome of their claim will not affect their entitlement to attend school. They do not need to prove their status as an asylum seeker or refugee to apply for a school: they have the same rights to a school place as any other children resident in the UK.
Categories of children whose immigration status gives them no right to enter the UK to access schools
To comply with their visa terms, unaccompanied fo