Special circumstances when applying for a school place

Guidance regarding educational provision for pupils from overseas British citizens and lone children with a right of abode in the UK.

There are no restrictions on entry to the UK for those children who have a full

British Citizen passport or for those from other countries if their passports have been endorsed to show a right of abode in the UK.

These children have a right of access to state provided education.

Children whose parents have right of abode in the UK but who do not themselves have such a right

These children may be allowed to enter the UK as dependants. Upon taking up residence in the UK these children have the same rights to access to education as British nationals.

Children who are EEA nationals

The European Economic Area consists of the member states of the EU as  well as Switzerland, Iceland, Norway and Lichtenstein. Children who are nationals of states in the European Economic Area have the same rights to education in the UK as British nationals.

British Overseas and British Dependent Territories passports and non-EEA nationals

Those holding British Overseas passports and British Dependent Territories passports do not have an automatic right of abode in the UK. They are in the same position as non-EEA nationals. This means that no school place will be offered at a maintained school prior to entry to the UK being agreed.

Lone children without a right of abode

These children only gain leave to enter the UK to receive an education if they satisfy the requirements set out in paragraph 57 of the Immigration Rules. These rules can be viewed on www.ind.homeoffice.gov.uk. Non-EEA children are not allowed to remain in the UK to attend maintained schools, except as part of an approved student exchange scheme (see below).

Approved student exchange schemes

Children who are part of a student exchange scheme are normally allowed to

enter the UK. Schemes of this kind should include a genuine exchange of students and should not involve the payment of fees.

Teacher exchange schemes

Where a child resident in the UK accompanies a parent abroad because that parent is involved in a teacher exchange scheme the child’s name should remain on the maintained school’s roll. This ensures that the child can re-enter the school on his/her return to the UK.

Children of teachers coming to the UK as part of a teacher exchange scheme have a right to education in a maintained school.

Maintained boarding schools

Children without the right of abode will not be allowed to enter the country to attend maintained boarding schools.

Transfers to the independent sector

Lone children who do not have right of abode may be admitted to the UK to attend an independent or fee-paying school, they will not normally be able to transfer to a maintained school.

Asylum seekers

Children of asylum seekers, and unaccompanied children who are asylum seekers, have the same rights to education as British nationals, except that  special arrangements may apply for those resident in an accommodation centre where there is in-house educational provision.