Guidance on Admission of Children from Overseas

1. Children from overseas within the United Kingdom 

1.1     In the main, children entering the United Kingdom from abroad come with their parents. Children who have accompanied their parents and who are living in the United Kingdom have the right to apply for a place at a maintained school if they:

·         hold a full British Citizen passport (but not those with British Dependent Territories or British Overseas passports); or

·         if they are an EEA national (see paragraph 1.3); or

·         if their passport has been endorsed to show that they have the right of abode in the United Kingdom; or

·         if their passport has been endorsed to show that they have leave to enter the country.

This will include the children of asylum seekers, parents who have limited leave to enter or remain and teachers coming to the United Kingdom with their children on a teacher exchange scheme. Once these children are residing in the United Kingdom they will be eligible to be considered for admission (see section 3 for advice on acceptable length of stay in the United Kingdom).

1.2     In cases where children enter the United Kingdom without their parents, the first consideration is whether the child has the right of abode:

·         Lone child with right of abode – there are no restrictions on entry to the United Kingdom for children who hold British passports (but not British Dependent Territories or British Overseas passports), or children whose passports have been endorsed to show they have the right of abode in the United Kingdom. These children will be able to apply for a place in a maintained school.

·         Lone child without the right of abode – child will not be able to take up a place in a maintained school. The child will only be accepted into the United Kingdom for education if they can show that they have been accepted for a place at an independent fee-paying institution or bona fide private educational institution.

Schools and Local Authority staff should consider such children’s broader welfare. Any child under the age of 16 years not living with a parent may have need of a service from their local authority social care service. See Section 4.

1.3     Nationals of the European Economic Area enjoy the same rights to education as British citizens, and as such once an EEA national child is in the United Kingdom they are eligible to apply for a maintained school, whether or not accompanied by their parents. The EEA comprises all member states of the European Union together with Iceland, Norway and Liechtenstein.

2.   Children from overseas, not yet in the United Kingdom

2.1       Generally, no application should be considered for a child until they are in the United Kingdom. However, the following exceptions might apply:

a)      Starting primary school or transfer to secondary school

As the timetable for these applications start nearly a year before admission, it is reasonable to accept applications from parents who can provide evidence that they are planning a return/arrival to the United Kingdom in time for the start of the academic year, (but see also section 3 for advice on acceptable length of stay in the United Kingdom). However, this should only apply in respect of children who have no restrictions on their entry to the United Kingdom. That is those that hold a full British Citizen passport (but not those with British Dependent Territories or British Overseas passports), an EEA national, or those whose passport has been endorsed to show that they have the right of abode in the United Kingdom.

Satisfactory evidence of a return/arrival should include a combination of the following, although this list may not be exhaustive:

·         A written statement from the parent(s) of their intention to return to/enter the United Kingdom, giving their reasons and an expected date   

·         termination of a work contract abroad

·         sale/notice of rental of property abroad

·         notice to existing tenants to terminate the tenancy of an owned property in the United Kingdom

·         Completion of purchase of property in the United Kingdom

·         Tenancy of property in the United Kingdom

·         Copy of work contract within the United Kingdom

·         Confirmation of study arrangements within the United Kingdom

·         Confirmation of travel arrangements.

However, whilst an application can be accepted under these circumstances, the address to be used in the allocation will be the address that the child is living at on the closing date, unless a subsequent house move has been accepted up to the last date for changes in the coordinated scheme. A United Kingdom address will only be used once the child is residing at that address, and evidence will be required of this.

If an offer is made under these circumstances, it should be on the condition that the child will be available to take up his/her school place on the first day of term.

b)      Mid-term admissions

Generally, parents wishing to make a mid-term application for their child will do so once the child is in the United Kingdom. However, it would be reasonable to accept applications from parents who can provide evidence that they are planning a return/arrival to the United Kingdom, up to 4 weeks before their anticipated arrival date (but see also section 3 for advice on acceptable length of stay in the United Kingdom). However, as above, this should only apply in respect of children who have no restrictions on their entry to the United Kingdom. That is those that hold a full British Citizen passport (but not those with British Dependent Territories or British Overseas passports), an EEA national, or those whose passport has been endorsed to show that they have the right of abode in the United Kingdom.

Satisfactory evidence of a return/arrival should include a combination of the following, although this list may not be exhaustive:

·         A written statement from the parent(s) of their intention to return to/enter the United Kingdom, giving their reasons and an expected date   

·         termination of a work contract abroad

·         sale/notice of rental of property abroad

·         notice to existing tenants to terminate the tenancy of an owned property in the United Kingdom

·         Completion of purchase of property in the United Kingdom

·         Tenancy of property in the United Kingdom

·         Copy of work contract within the United Kingdom

·         Confirmation of study arrangements within the United Kingdom

·         Confirmation of travel arrangements.

However, whilst an application can be accepted under these circumstances, a United Kingdom address will only be used once the child is residing at that address, and evidence will be required of this.

If an offer is made under these circumstances, it should be on the condition that the child will be available to take up his/her school place on the date previously specified by the parent.

Mid-term applications should not be considered any earlier than 4 weeks before an anticipated arrival in the United Kingdom. This is because places should not be reserved for children who are not ready to take up their place at a school.

c)       Children of UK Service personnel and other Crown servants outside the normal admissions round

In accordance with the School Admissions Code of Practice, applications in respect of these children should be accepted in advance of the approaching school year, if accompanied by an official MOD, FCO or GCHQ letter declaring a relocation date. This applies even if the family is currently located abroad. Given the small number of such cases and the forced uncertainty on these families, where the parents are able to provide evidence of a new home address, it would be reasonable to allocate a place based on this address, even if the move had not yet taken place. The Code of Practice indicates that where a new home address is not known, admission authorities should accept a Unit postal address for applications from service personnel.

Admission authorities must not refuse a place to such a child because the family does not currently live in the local authority area.  

3.   Length of stay within the United Kingdom

3.1       In considering applications in respect of children from abroad, it is reasonable to consider the anticipated length of time that the child will be in United Kingdom. Children who are expected to remain in the United Kingdom for 3 months or more should be considered for admission subject to the other conditions of this guidance.

3.2       Applications in respect of children who are expected to remain in the United Kingdom for less than 3 months should be considered on a case-by-case basis. Schools are asked to consider the welfare and well being of the child, and if they have a vacancy within the school, may deem it appropriate to admit the child for the length of time that he/she will be in the country.

4.   Children not living with a parent (often privately fostered)

4.1      Schools may come across children who may or may not be from abroad who are privately fostered within the meaning of Section 66 of the Children Act 1989. These may be children under 16 years of age who are not living with at least one of their natural parents.  Whilst it is possible that they may be living with someone else who has parental responsibility, schools should notify the Referral and Assessment Service in the Child and Family Social Care team, who can determine whether or not the child is privately fostered, and if so determine the best way to approach the carers and the parents to take matters forward.