Admission code
Most children from overseas are entitled to a state education.
When dealing with an application for a child who is not a UK national, you must comply with the school admission code.
The School Admission Code states at section 2.19 that Admission authorities must treat applications for children coming from overseas in accordance with European Union law or Home Office rules for non-European Economic Area nationals.
You must not refuse a school palace simply because of doubt about the child’s immigration status.
For more detailed information on:
- School Admission Code (GOV.UK)
- School applications for foreign national children and children resident outside England (GOV.UK)
Children who are not entitled to a state education
Children from non-European Economic Area (EEA) countries who are here as short-term visitors
These are children who live abroad but have been admitted to the UK for a short visit (for example as tourists or to visit relatives), and not to study.
For a child to be eligible for a school place they would need to be granted a visa to come to the UK for more than 6 months i.e. longer than a short term visit visa. Any visa issued for 6 months or less is usually considered a short term visit/holiday visa.
Children from non-EEA countries who have permission to study in the UK
These children are allowed to study in England on the basis that they attend an independent, fee-paying school.
If a child is attending school who is not entitled
If children belonging to either of these categories are found to be attending a state-funded school, they must not be denied a place. Instead, schools should alert the Home Office’s school referrals team so they can investigate further.
Email: schoolreferrals@homeoffice.gsi.gov.uk
It is up to the school to decide whether or not to let the child’s parents or carers know that they have contacted the Home Office.
If the Home Office finds that the child is not entitled to state-funded education, it will be up to them to take any further action they consider appropriate. A school should not deny the child a place on the basis of the Home Office’s findings.
Concerns about a child from overseas in private fostering
If a school is concerned about the safety of children from overseas who are in private fostering arrangements, the school should notify the Safeguarding Hub.
Report a concern about a child or young person on the Safeguarding website