Non EEA nationals attending school in the UK

[Popolly]

Can anyone clarify for me whether a non EEA national (American child) can attend a state maintained school in the UK, if they arrive in the country without their parents?

A friend of mine has her neice and nephew living with her at the moment, as their American mum is in the USA and very ill and unable to look after her children, so she flew them to the UK to be with their Aunt, probably for about 6months. Had they of remained in the US, they would needed to have been in foster care as mum will be an inpatient in hospital for most of those 6months. The LEA is saying non EEA nationals can only attend school in this country if they came to the country with their parents - but there seems to be so much contradicting information on the internet, so I was wondering whether anyone could give me a definitive answer as to whether this is correct?

Can't they just apply for UK residency? From what I can see on the internet that will entitle them to free state education? I'd have thought as a matter of public policy that we don't educate foreign nationals, for obvious reasons.

If the children hold British passports or their passports have been endorsed to show they have a right of abode in the UK they can apply for places at a maintained school. However, I suspect they hold US passports and do not have a right of abode in which case I'm afraid the LA is correct. Unless they are on a student exchange, children from outside the EEA who come to this country without their parents cannot attend a maintained school.

Seeing Collaborate's post, I would add that if they apply for leave to enter or remain to study, they will only be granted leave if they produce proof that they have been accepted at an independent school. They would be in breach of the conditions of their leave to enter or remain if they subsequently attended a maintained school.

This is all set out in paragraphs 1.58 - 1.69 of the Admissions Code which can be found on the Department for Education's website.

Thanks Prh47 - that makes sense.

My friend is claiming child benefit/tax credits for the children - do I assume this still makes no difference to their right to schooling?

Correct. All that matters is their immigration status.

can they claim benefits though?child visa only if

"you have enough money to support and accommodate yourself without working or help from public funds, or you and any dependants will be supported and accommodated by relatives or friends;"
not acc to www.ukba.homeoffice.gov.uk/visitingtheuk/childvisitors/eligibility/

his page explains how an overseas national can come to the UK as a child visitor.

To come to the UK in this immigration category, you must be able to show that:

you are under 18;
you only want to visit the UK for up to six months, or up to 12 months if you are accompanying an academic visitor and you have entry clearance;
you intend to leave the UK at the end of your visit;
you have enough money to support and accommodate yourself without working or help from public funds, or you and any dependants will be supported and accommodated by relatives or friends;
suitable arrangements have been made for your travel to, and your reception and care in, the UK - and, if a foster carer or relative (not a parent or guardian) will be responsible for your care, the arrangements must meet the requirements set out in the UK Border Agency's guidance;

your friend needs to check very carefully with regard to thechildren's visa, their status and whether she can actually calim tax credits, CB etc for them.

she could get in a lot of trouble...

Is their Aunt British? Has there mother ever had British nationality? If so then the children may be entitled to British nationality, as you can't give up British nationality.

Yes, Mummytime, you can renounce your British nationality.