Enrolling an American 15 year old into state school. What are the legalities?

[tomwardthomas]

Want to ask some advice on putting a foreign 15 year old into the UK state school system. It sounds complicated but it's actually for a writing project.

If a teenager has come over from America, with one parent dead, and the other parent is a UK citizen and living here, but has not been involved in their life until now, and is not on their birth certificate, are their issues? Can that parent get the child enrolled in state school fairly quickly or is it a very long and complicate process? Are visas needed? Prove of paternity etc?

Any knowledge on this much appreciated

For the child to have been able to come to the uk parent then at the very least there would be guardianship/ parental responsibility in place, otherwise the child wouldn't have been able to get the visa. Once that's in place then the parent would just have to follow the usual school application process for a child of that age.

Child would need a visa in order to come into the UK and live here: https://www.gov.uk/uk-family-visa/child

Once they have the visa you go through the normal state school application process. The details vary by area but generally you can apply to join straight away but it will be wherever has a place empty. That’s likely to be the less popular schools.

To move to the U.K. they would need to have their British passport which would require the parent to be on the birth certificate, you can't enroll in school on a tourist entry.

Thanks for your response. Could they have come to UK just as a tourist and then apply for the visa once here?

Could they have come to UK just as a tourist and then apply for the visa once here?

from my extensive knowledge gleaned from Border Force and similar on telly, that’s a big no no.

poor kid though, is there nobody in the US who could take care of him/her until at least they’ve finished school??

If they have a British parent, they’re eligible for British citizenship.

If the parent isn’t on the birth certificate though, I’m not sure how you’re going to prove this. You need legal advice, OP.

Also, it’s going to a tough transition education-wise as their class will be in the middle of their GCSE syllabus. It’s a completely different system-as a PP said, isn’t there anyone in the US who could care for them while they finish high school?

Misthios - I think they are fictional, op said it’s for a writing project.

Thanks, @Meadowtrees , I skim read it and was all prepared to get worried about the poor child! 😂

To be fair, at least the OP is checking the veracity of the processes described in OP's piece of fiction.

Unlike a large number of published authors, some of them very well-known and successful.

So well done, OP.

"... it's actually for a writing project."

So, this is just for a story you'e writing?

If a teenager has come over from America, with one parent dead, and the other parent is a UK citizen and living here, but has not been involved in their life until now, and is not on their birth certificate, are their issues?

In order to attend a British state school the child must either have a right of abode (eg be a British citizen or have ILR, the British equivalent of a US Green Card) or have some other status like being a refugee.

From your OP I assume that they do not have a British passport.

First question, how did they get into the country? As a tourist?

Secondly, which country was the British parent born in? If not born in the UK then that could prevent the child becoming a British citizen. Which country was the child born in?

I assume the British parent is the father. If he is not on the birth certificate then he needs other evidence such as DNA tests or Court Orders that show paternity (British Nationality (Proof of Paternity) Regulations 2006).

You can then register the child as a British citizen by descent. This will involve providing evidence of the British parent's status and also, since the child is over the age of ten, there is also a "good character requirement" to meet ie they don't have any serious criminal convictions.

Once this has been done, you can then apply for a British passport for the child and then you're good to go.

Either that or come over as a tourist, and then just don't ever leave the country. Schools in the UK do not check the immigration status of pupils in their school, that's down to the parents being honest.

Yeah, don't worry. It's a fictional scenario. Once the child has arrived and the dad has accepted her, they need to go about looking for schools etc and I have no idea what the process is there, whether the schools require evidence of the visa (I think private schools don't but this would be state)

Missed it was fictional!

Thanks for this. Really helpful. Yeah the idea is that they come over here as a tourist, having been given permission by the grandparent. And the parent, yes the father is British and born in the UK. It's middle of term time and the father tries to get things moving quickly but if the school has space, what you're saying from the bottom of your post is that they will just go through the normal application process and trust when the dad says he's her dad and not need any visa stuff?

A family visa, isn't appropriate in this case as the child already has a British parent. The family visa is for children whose parent/s is/are not British.

I had to provide a copy of my child's birth certificate when she first enrolled into school. You need someone who has moved from abroad part way through school to find out what they needed to provide since the school records aren't available for the child.

Yes the school will just go through the normal application process. However, once the child has been offered a place then it is quite normal to be asked to provide a UK birth certificate in order to make sure they have the correct name and date of birth. If you cannot provide a UK birth certificate then they will ask to see the child's passport.

If the school has any concerns about the child's eligibility then they will still be admitted but may pass on these concerns to the Home Office.

Is getting into the school when here essential to the story? Could they already have arranged an exchange program with their US school?

If they are here then like any other immigrant almost nothing is required
present at a school with places with hopefully proof of age and address

post 16 is harder due to esfa funding

probably able to start the same or next day

laughing at the idea of an application process. Yurn up . Fill in a form. Hopefully have id. Good to go

school will be pissed of a bit if not a new arrivals school and in y10 or y11 as us kids are typically behind gcse and English speaking

Thanks everyone for your answers. This is very helpful!

I think it would be much more complicated even once the visa/immigration/legal side is sorted out, as schools wouldn't just let them apply and turn up if they are in year 11. There'd be all sorts of discussions about GCSEs, what to do, which ones, part-time, whether to start year 10 instead, etc. More likely would be a private school taking them, and putting them back to year 10 to start, and even that would need negotiation.

@BlossomToLeaves makes a good point if it's a move in Year 11, but if it's Year 10 then not such an issue. One local council has this to say:

Moving to Cambridgeshire from abroad

In the UK, the law says children must be receiving an education between the school term after their fifth birthday and the last Friday in June in the school year they turn 16.

If you are moving from overseas, temporarily or permanently, your child may be eligible for a school place. You will need proof of your new address and child's age (further details can be found on the making an application page).

Your child must be:

1. aged between 4 and 16
2. intending to attend a Cambridgeshire school for at least 30 school days

If you are applying for a Year 11 school place between April and July, please don't submit an application. This is due to GCSE exams and study leave taking place during this period. Please email [email protected] for further guidance and include your full name, address and contact details.

We only process applications for Cambridgeshire (but not Peterborough) state schools. We do not manage admissions for independent (fee paying) schools.

For info you can't actually apply for a school place until the child is in the country so that's another thing to consider. Makes planning difficult for state as you have to be here to apply but ypu may not want to fly over until you have the place

As a fan of this sort of book, make the kid a Year 9 (13-turning-14). The character is mature enough to support the narrative but it can be about something other than exams.

You could have the father on the birth certificate but never told about the kid. Maybe the name is slightly wrong : Robert/Bob. Maybe she gave his American address when he wasn’t there any more…

Actually, you can apply without the child being in the country

https://www.gov.uk/guidance/schools-admissions-applications-from-overseas-children#processing-school-applications-from-parents-moving-to-england

I've worked in both state and private schools, and actually your assumption is the opposite of the reality. State schools are obliged to check evidence of a child's identity and current address, but (in my LA at least) have no responsibility for checking visa status. If the name and address check out, then they offer a place on the assumption that the child has the right to study (though they can report a concern to the Home Office if they wish). It's for the authorities to identify families who are here illegally.

By contrast, private schools (which, unlike state schools, can pick and choose which students they offer places to) don't want to enrol students who are here illegally. So they will ask for a passport, and if it's not British then they will ask for evidence of the right to study (eg visa).

Where you're perhaps getting the opposite impression from is that some private schools (especially boarding schools) are visa sponsors - that is, they are set up with the Home Office to help students obtain the right to study.