School admission of foreign nationals

The DfE have updated content on the GOV.UK website offering guidance to schools, local authorities and parents on the rights of foreign nationals to access schools in England.

It provides advice on:

• eligibility to enter the country to access a school;
• requirements for admission authorities in processing applications (i.e. requirements within the School Admissions Code and the law);
• advice on processing applications made from those living outside England but returning to live in England.

As you will be aware:

• all children living in the UK have a right to access a school in England irrespective of nationality or immigration status. This includes EEA nationals resident in the UK;
• schools must always apply their admission arrangements unless the fair access protocol is being applied (so, refugees from Ukraine, and migrants from Afghanistan and Hong Kong or asylum seekers from other countries receive no higher or lower priority for admission than other people living in the UK);
• school admission authorities should not delay admission to await information on a migrant’s immigration status, home address or age. It is the responsibility of:
  • Parents to ascertain their UK entry terms, and those of their children, will not be breached by them taking up a state-funded school for their child. This is not the responsibility of the school, admission authority or local authority;
  • Local authorities to undertake age assessments where the age of a migrant child is uncertain;
• state-funded schools must not seek to recruit foreign nationals as pupils from outside the UK (Irish nationals aside).

You can also find advice on access to independent schools on the webpage.