Admissions law and immigration law are separate. Any resident in the UK can apply for a school place. However, only the following have a right to enter the country to take up a place at an academy or school maintained by a local authority:
- EEA citizens; and
- non-EEA citizens with a right to remain in the UK.
If you are a non-EEA citizen and you do not have a right to remain in the UK (for instance, if you are in the UK on a study visa) you and your child are not permitted by your visa conditions to study at an academy or school maintained by a local authority. If you breach these requirements it is possible that the Home Office would be able to take enforcement action against you.
This would not prevent asylum seekers from taking up a school place while their asylum claim is determined.
In determining whether you are resident in the UK for school admissions purposes you should note that, for students to be eligible to take up a place they would normally need to be granted a visa to come to the UK for more than six 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 visa. For the most part these are ‘Holiday’ visas issued to tourists to the UK.
The Home Office can provide information on a person’s immigration status. If you would like to confirm the status of a non-EEA child please contact the following Home Office email address firstname.lastname@example.org.
The Home Office would need the following information for parent(s) and child:
- Date of Birth