How local authorities, academies and admission authorities should process applications made from another country for a state-funded school place in England.
Parents should follow the guidance on applying for a school place.
In most cases, children arriving from overseas have the right to attend schools in England. School admission authorities must not refuse to admit a child on the basis of their nationality or immigration status nor remove them from roll on this basis. It is the responsibility of parents to check that their children have a right, under their visa entry conditions, to study at a school.
To help parents, we recommend that local authorities advise overseas nationals entering the UK who wish to apply for a state-funded school to check that they have a right of abode or the conditions of their visas otherwise permit them to access a state-funded school. Local authorities can do this by adding a reminder to their admissions webpage and within their composite admissions prospectus.
Until 31 December 2020, all European Economic Area (‘EEA’) and Swiss national children will continue to have the right, under UK immigration law, to enter the country to access a school. Any EEA or Swiss national arriving in the UK by 31 December 2020 is eligible to apply to the EU Settlement Scheme, and continue to be able to study in schools in England as they do now if their application is successful.
To comply with their visa terms, foreign national children and young people (including EEA nationals entering the UK after 31 December 2020) who are entering on a Tier 4 child or Tier 4 student visa must, when accessing education in England, study at the independent school, sixth form college or further education college which is sponsoring them.
Foreign nationals cannot use the 6 month visitor visa or a 6 month short-term study visa to enter the UK to enrol as a pupil at a school. Find out what these visas can be used for on the visitor visa and short term study visa pages.
Irish citizens’ right to live in the UK will not change. Irish citizens do not need to apply for the EU Settlement Scheme, but their family members who are not Irish or UK citizens will need to apply.
If a school is concerned that a child may not have a right to enter the country to access a state-funded school, it must not deny them a place or remove them from the school roll. Schools should advise parents to check their rights or email the Home Office’s school referrals team so they can investigate further.
Home Office referrals
If a school or local authority has concerns about a particular child’s immigration status, contact Home Office via: firstname.lastname@example.org.
The local authority or school admission authority does not have to inform the child’s parents or carers that it has contacted the Home Office, however it is good practice for it to do so. The Home Office will aim to respond to the school within 48 hours.
If the Home Office finds that the child’s visa does not entitle him or her to enter the country to attend a state-funded school, it will be up to the Home Office to take any further action it considers appropriate. A local authority, admission authority or school must not deny a child a place or remove him or her from the school roll on the basis of the Home Office’s findings.
Processing applications from parents moving to England
This advice sets out how school admission authorities and local authorities should process applications for places for children who are living in another country at the point the application is made.
A school admission authority cannot refuse to admit a child until the school to which the parents have applied is full - for example, it has reached its published admission number. Parents who are moving/returning to England/the UK and who apply for a place in England must therefore have their applications for state-funded schools considered. Where a place is refused, admission authorities must offer an appeal to an independent appeals panel.
As is the case with admission authorities more generally, nothing in legislation prevents a local authority from co-ordinating an application from a family living in another country or posted overseas but moving/returning to England/the UK so that the child will be living in the area when he/she starts school.
If a local authority refuses to co-ordinate an application for a school place from parents currently living in another country but moving/returning to England, an admission authority for the school would have significant difficulty in being able to lawfully apply its admission arrangements.
We recommend that determined co-ordinated schemes follow the process set out in this advice. It is also recommended that local authority schemes and composite admissions prospectuses include details of the type of evidence parents will need to provide to establish that they either already live in the area or intend to return to it in time to take up a school place.
Applications in the normal admissions round and late applications
If an application is made from another country, local authorities should consider the application as adequate proof of an intention to move/return to the area and include it within the local authority co-ordinated process.
A local authority should not refuse an application made from overseas (or from Scotland, Wales, Northern Ireland, the Isle of Man or the Channel Islands), on the grounds that the applicant does not currently live in its area. A local authority can reasonably request the evidence set out below, so the admission authority holds sufficient information to determine the application.
Where a local authority co-ordinates in-year applications on behalf of a school, it should not require applicants to currently live in the area (or the country) before passing the application on to the admission authority for it to consider.
Where a local authority does not co-ordinate in-year applications, and applications are made directly to the admission authorities for schools, those schools can only refuse the application based on ‘prejudice’ as defined in legislation (for example, the school is full). The relevant admission authority must not require applicants to currently live in the area before considering their applications.
Establishing ‘home’ address
It is common for admission arrangements to give some degree of priority based on where an applicant lives. In these cases, admission authorities will need an address in order to apply their admission arrangements and rank applicants for their oversubscription criteria.
Admission authorities could ask prospective movers/returners where they will be living (see paragraph 2.5 of the School Admissions Code). This might include whether parents:
- own or rent a property in the area to which they intend to return
- are UK crown servants or are in the UK military and are returning to the area
- have provided other compelling evidence that they are returning to the area
School admission authorities and local authorities can decide what evidence they require from parents to show that they intend returning to the area, but this might include:
- a mortgage or rental agreement for a property in the area
- deeds for a property in the area
- a letter from an employer showing a transfer date to the area
- registration with a local GP
Admission authorities must consider all in-year applications and should not refuse an application simply because a parent or child currently lives in another country.
If a parent is unable to provide evidence of a return to the area (before the new school year for applications in the normal admissions round or by the start of the next term for in-year applications), admission authorities could apply a catchment area policy or distance tie-break using the parents’ place of residence at the point the application is made. If this is in another country, it would give the child a lower priority for admission to most schools.
Applications from UK crown servants or military families
As set out in paragraph 2.18 of the School Admissions Code, admission authorities and local authorities must process applications from UK crown servants or UK military families with evidence from their employers or commanding officers that they are returning to the area ahead of any move. They must accept any posting or quartering address as a ‘home’ address in the absence of any actual home address.
Withdrawing offers of places
When an application is made from an address in another country, the local authority and/or school may ask for evidence before the school year or term begins to confirm that the child now lives in the area. If the child does not attend school on the first day of term, the admission authority could remove the offer and allocate the place to a child on the waiting list.
Before taking this action, the local authority and admission authority should contact the parent(s) to give them an opportunity to explain why there has been a delay in taking up the place and find out when the child might begin attending.
Paragraph 2.12 of the School Admissions Code states that: ‘An admission authority must not withdraw an offer unless it has been offered in error, a parent has not responded within a reasonable period of time, or it is established that the offer was obtained through a fraudulent or intentionally misleading application. Where the parent has not responded to the offer, the admission authority must give the parent a further opportunity to respond and explain that the offer may be withdrawn if they do not.’
If the local authority/school does not receive a response even then, the Pupil Registration Regulations 2006 (as amended) allow them to remove the child from the roll after 20 school days. The local authority can then allocate the vacant place to a child on the waiting list.
If admission authorities or schools are concerned about the safety of children from overseas who are in private fostering arrangements, they should read the keeping children safe in education statutory guidance and act accordingly.
Schools in Scotland, Wales and Northern Ireland
Whilst the same immigration policy applies across all nations within the UK, each country has its own education system, guidance and laws.
For more information contact the relevant council in: