School Places for Children of Visa Holders

The Right to Education in the UK

Education is compulsory for all children in the UK between the ages of 5 and 16, and in England young people must stay in education or training until 18. This right applies to every child living in the UK, regardless of their parents' immigration status, whether they hold a spouse visa, Skilled Worker visa, or any other route.

Local authorities have a statutory duty to ensure that sufficient school places are available in their area. Schools cannot refuse to admit a child because of their nationality, immigration status, or their parents' visa type. The Department for Education has been clear that school admissions must not discriminate on the basis of immigration status.

Types of Schools

Understanding the different types of schools helps you make the right choice for your child.

State Schools (Free)

• Community schools: Run by the local authority. Follow the National Curriculum.
• Academy schools: Funded by the government but run independently. They have more freedom over the curriculum.
• Faith schools: Have a religious character. May prioritise children of that faith in admissions.
• Grammar schools: Select pupils based on academic ability through an entrance exam (the 11+).
• Free schools: Set up by groups of parents, teachers, or organisations. Funded by the government but independent.

Private Schools (Fee-Paying)

Private (independent) schools charge fees, which each school sets and publishes itself. They also set their own admissions criteria and curriculum. There are no visa restrictions on attending a private school. Since 1 January 2025, education and vocational training provided by private schools in the UK for a charge has been subject to VAT at the standard rate of 20%, and so has boarding.

The Admissions Process

Reception and Year 7 Entry

For the main entry points (Reception at age 4-5 and Year 7 at age 11-12), there is a coordinated admissions process managed by local councils.

1. Applications usually open in the autumn term of the year before your child starts school.
2. You list your preferred schools in order of preference (usually up to 3 to 6 schools, depending on the council).
3. The School Admissions Code sets the national closing dates: 31 October for secondary school and 15 January for primary school.
4. Offers go out on National Offer Day: 1 March for secondary and 16 April for primary, or the next working day if that falls on a weekend.

If your child does not receive an offer at any of your preferred schools, the council will offer a place at a school with availability.

In-Year Admissions

If your child needs a school place outside the normal admissions round (for example, because you have just moved to the UK), you apply for an in-year transfer. The process varies by council, but typically:

1. Contact your local council's admissions team to find out which schools have places.
2. Complete an in-year application form. Some councils handle this centrally; others ask you to apply directly to schools.
3. The admission authority must publish, by 31 October each year, how in-year applications are dealt with and when you will be told the outcome. Grammar schools must write to you within 15 school days with either the date for assessing ability or the reason for refusal.

The Code also says that, apart from grammar schools, a school with places available must offer one to every child who applies, without conditions, unless admitting the child would prejudice efficient education or the efficient use of resources. It cannot refuse just because you applied later than others, because your child is not of the school's faith, because they followed a different curriculum, or because records have not yet arrived from the previous school.

Finding places mid-year can be more difficult, especially in popular areas. If no places are available locally, the council must help you find a school, even if it is not your first choice.

What Documents Do Schools Need?

When you register your child at a school, you will typically be asked for:

• Your child's birth certificate or passport (for identification, not to check immigration status)
• Proof of your address (utility bill, council tax bill, or tenancy agreement)
• Your child's previous school records, if applicable
• Medical information and details of any special educational needs

Schools should not ask for your visa or immigration status as a condition of admission. Biometric residence permits stopped being issued at the end of 2024, so there is no card to produce in any case: status is held online in a UKVI account and shared with a share code that lasts 90 days. If a school asks about your immigration status and you feel this is preventing admission, contact the local council's admissions team.

Free School Meals

Free school meals (FSM) provide children with a free lunch during the school day. Eligibility depends on family income and, in some cases, immigration status.

In England, all children in reception, year 1 and year 2 at a government-funded school receive infant free school meals regardless of family income. Apply through the GOV.UK free school meals service. It is still worth telling the school about any qualifying benefit, because that brings the school extra funding.

For older children, GOV.UK says that from the start of the 2026 to 2027 academic year your child will qualify for free school meals if you get Universal Credit, regardless of household income. Before that change the Universal Credit route carried a household income limit of £7,400 a year. Other qualifying benefits include income-related Employment and Support Allowance, the guaranteed element of Pension Credit, and support under Part VI of the Immigration and Asylum Act 1999 (asylum support).

GOV.UK also says: "If you do not qualify for most benefits (also known as having ‘no recourse to public funds’), your child may still be eligible for free school meals." Ask the school or the local council, and apply — do not assume the condition rules it out.

Scotland, Wales and Northern Ireland run their own free school meal schemes with their own eligibility rules, applied for through mygov.scot, GOV.WALES and nidirect.

No Recourse to Public Funds and Schools

Many visa holders have a no recourse to public funds condition on their visa. This means you cannot access most welfare benefits, including Universal Credit and Housing Benefit. You may be able to apply to have that condition lifted in certain circumstances.

However, that condition does not affect your child's right to education. State school education is not a "public fund" for immigration purposes. Your child can attend state school on exactly the same basis as any other child.

Some school-related support is means-tested against benefits that are public funds, including some after-school and holiday activity programmes. Free school meals are not automatically closed off: as above, GOV.UK says a child may still be eligible where the family does not qualify for most benefits. If you are struggling financially, speak to the school. Many schools have hardship funds or can signpost you to local charities that can help with uniforms, equipment, and other costs.

English as an Additional Language (EAL)

If your child does not speak English as their first language, schools are expected to provide support. For information about childcare options for visa holders, see our separate guide. Most schools have experience with children who speak English as an Additional Language (EAL) and will assess your child's language needs when they arrive.

Support may include:

• Specialist EAL teaching or small-group language support
• Bilingual teaching assistants (in some schools)
• Adapted materials and visual aids
• Extra time to settle in and adjust

How quickly a child picks up English varies, and the school assesses each child individually rather than working to a fixed timetable. For adults, see our guides on English language tests for UK visas.

Special Educational Needs

If your child has special educational needs or a disability (SEND), they have the same rights to support as any other child in the UK. Schools have a duty to identify and support children with SEND.

If your child needs more support than the school can provide, you can request an Education, Health and Care (EHC) assessment from the local authority. If the assessment confirms significant needs, the authority issues an EHC plan, which legally requires them to provide the support specified in the plan.

Your visa status does not affect your child's entitlement to SEND support or an EHC plan. Read more about SEN support for immigrant children.

Appeals

If your child is refused a place at your preferred school, you have the right to appeal. The appeal is heard by an independent admissions appeal panel, not by the school.

To appeal:

1. You will receive a letter explaining why your child was not offered a place. This letter will include information about how to appeal.
2. Submit your appeal in writing within the published deadline. The School Admission Appeals Code requires admission authorities to allow at least 20 school days from the date you were told the application was unsuccessful.
3. Attend the appeal hearing. You must get at least 10 school days' notice of it, though you can waive that. You can bring someone to support you.
4. The panel will make a decision, which is binding on the school. Decision letters are sent within 5 school days of the hearing wherever possible.

There is no cost to appeal. Even if the school is full, the panel can decide to admit your child if it finds that the admissions process was not properly followed or that the disadvantage to your child outweighs the impact on the school.

Practical Tips

• Start looking at schools before you move to the UK if possible. Our first week in the UK checklist can help you plan. Catchment areas and school popularity affect your chances of getting a place.
• Register with your local council as soon as you arrive. You should also register with a GP and check your Immigration Health Surcharge status. The council can advise on available school places in your area.
• Visit schools before applying if you can. Many schools offer tours for prospective parents.
• Apply to more than one school. List your preferences in genuine order of preference.
• Keep your child's previous school records. These help the new school understand their abilities and needs.
• Talk to the school about any concerns. Teachers and pastoral staff are there to support your child's transition.

Questions and answers