Parents who have moved from overseas to reside in England with their children may express a preference for their children to attend a maintained school or academy under the normal admission arrangements described in this Code regardless of their immigration status. This includes the children of asylum seekers; parents who have limited leave to enter or remain in the UK; and teachers coming to the UK with their children on a teacher exchange scheme.
British citizens and lone children with right of abode
There are no restrictions on entry to the UK for children (whether accompanied or unaccompanied by their parents) who hold full British citizen passports (but not British overseas territories or British Overseas passports) or children from countries whose passports have been endorsed to show that they have the right of abode in this country. Such children will be permitted to enter this country irrespective of their purpose in doing so and are entitled to apply for a place at a maintained school or academy.
EEA nationals
The European Economic Area (EEA) was established on 1 January 1994 following an agreement between the member states of the European Free Trade Association (EFTA) and the European Community.
Under European Community law, and where the provisions of the Immigration (European Economic Area) Regulations 2006 are satisfied, nationals of the European Economic Area (which comprises the all member states of the European Union together with Switzerland, Iceland, Norway and Liechtenstein) and their children of any age, who come to the UK lawfully to work or for certain other economic purposes have a right to reside in the UK. They enjoy the same rights to education as British citizens. This applies equally to lone EEA national children who come to the UK as students, who are unaccompanied by their parents. Non-EEA children of EEA parents who are unaccompanied by their parents do not have this right.
Non-EEA nationals
Non-EEA children who apply on their own for leave to enter or remain in the UK to study will only be granted leave to enter or remain if they satisfy the following requirements of the Immigration Rules.1
- For children coming to study for six months or less, (paragraph 46A -child visitor). A child must attend a school or private education institution that meets the requirements of paragraph 46A (vii). It must be outside the maintained sector, unless the child is coming for a short exchange or educational visit. In the latter instance the requirements of paragraph 46A (viii) must be met.
- For children coming to study for more than six months, (paragraph 245ZZ – child student). If the child is less than 16 years old, he or she must produce proof of acceptance for a course of study at an independent fee-paying school outside the maintained sector or a bona fide private educational institution.
If a child is found to be attending a maintained school other than for a short exchange or educational visit, they will infringe the conditions of their leave to enter and action could be taken against them by the United Kingdom Border Agency.
Other applicants
Holders of passports describing them as British overseas territories citizens (formerly known as British Dependent Territories citizens) or British Overseas citizens have no automatic right of abode in the UK, nor do other non-EEA nationals. They and their dependent children are in the same position as those described in the Non-EEA Nationals paragraph above. However, the majority of British overseas territories citizens also hold British citizenship.
On 21 May 2002, those who held British overseas territories citizenship became British citizens automatically by virtue of section 3(1) of the British Overseas Territories Act (BOTA) 2002 (unless citizenship was held only by a connection with the Sovereign Base Areas of Akrotiri and Dhekelia in Cyprus).
Those who acquired British citizenship under the BOTA 2002 are therefore eligible to apply for a British passport and have the right of abode in the UK under section 39 of the British Nationality Act (BNA) 1981.
For further information on the rules governing School Admissions please see the Current codes and regulations page.
Those who acquired British citizenship under the BOTA 2002 also maintain their status as a British Overseas Territories citizen (BOTC) and therefore are eligible to carry both categories of passport. However, a person is only entitled to hold one form of evidence of their right of abode in the UK i.e. either a British citizen passport or a certificate of entitlement in their BOTC passport.
1 The Immigration Rules can be viewed on the UK Border Agency website.
