Jonathan Hill and Anastasia Vasiljeva advise on navigating visa options for international families

Choosing to send a child to a UK independent school requires careful consideration, not least with regards to navigation of the UK immigration system, and the restrictions in place for certain visa routes relating to living arrangements and accompanying parents.

 What are the visa options for children to study in the UK?

 For a child to study in the UK, the UK immigration system offers a variety of visa routes with the most appropriate dictated by the circumstances of the child and his or her family:

• Child student visa –The primary route for international students aged between four and 17 studying at a UK independent school.
• Student visa – Sponsored route available to students aged 16-plus to study in the UK.
• Visitor visa – A visa route allowing a student temporary stay in the UK for study on a course of up to six months.
• Dependant visa – A visa route allowing a child (under 18) to join his or her immediate family in the UK.

 Acceptable living arrangements with parents

When considering the UK as a destination for study for a child, the most common approach taken by families is to secure a child student visa for their child while both parents remain overseas. This choice fits well with the child student route should the child be entered into a boarding school arrangement offering the experience of being a full-time boarder during term time and with the option of spending school holidays with family. However, where the family circumstances change, or where either parent decides to relocate to the UK the situation can become more complex.

 Parent of a child student visa

Where a child is applying for a child student visa it is possible for one parent to accompany the child using the ‘parent of a child student visa’ route. The parent in these circumstances is, for visa purposes, considered the dependant of the child student. For some families, this visa option can offer a precious opportunity to remain together during the early years. While this visa option offers a solution for families with younger children, there are several specific limitations attached which should be considered:

• The child must be attending an independent school with a child student sponsor licence to secure a child student visa,
• This option is only available where a child is aged under 12 years. Families with multiple children studying at an independent school in the UK can benefit from this option allowing older siblings to continue living with their parents until their youngest sibling turns 12 years old,
• There are no employment rights for the parent holding a parent of a child student visa. The parent must have sufficient funds to maintain themselves and their child without working or accessing public funds,
• The parent may need to demonstrate that he or she genuinely plans to leave the UK when the child reaches the age of 12, and
• Only one parent can reside in the UK under this provision with the second parent only permitted to visit the UK on a temporary basis as a visitor.

 Alternative options

Under the child student route, when a child reaches 16 years old the UK immigration rules recognise his or her capacity for greater independence, allowing the child to reside independently during his or her studies (although of course independent schools would not expect the child to live alone) which would allow flexibility for the child to live with the parents.

Importantly, consideration should be given to the family circumstances and whether parents can secure a visa status in their own right which would allow their child to become a dependent upon their visa status.

Jonathan Hill is a senior immigration manager and Anastasia Vasiljeva an associate at global immigration advisor Fragomen

Jonathan Hill

Anastasia Vasiljeva