From 29 May 2025, child students must demonstrate that they are entering into one of the permitted living arrangements in Appendix Child Student or the alternative arrangements set out in the updated guidance. An application may be refused if their UK-based intended carer has been convicted of a criminal offence.
What living arrangements are permitted?
The permitted living arrangements in Appendix Child Student are below:
- Full boarding at a residential independent school during term time, and outside of term time living with a person who is a British citizen or settled in the UK and either: i) a nominated guardian; or ii) a private foster carer; or iii) a close relative
- Weekly boarding at a residential independent school during term time, and at weekends and outside of term time living with a person who is a British citizen or settled in the UK and either: i) a private foster carer; or ii) a close relative
- Flexi boarding at a residential independent school and also being cared for by a person who is a British citizen or settled in the UK and either: i) private foster carer; or (ii) a close relative
- Living with a private foster carer or close relative who is a British citizen or settled in the UK
- Living with a parent or legal guardian who has permission as a Parent of a Child Student
- Aged 16 or 17 and living independently
In addition to the above, the Home Office guidance also permits the following alternative arrangements. These arrangements will be included in Appendix Child Student at the next possible opportunity.
- Boarding students aged 12 and over who will reside with their parent for some period, if that parent holds a Parent of a Child Student permission issued on the basis of a younger sibling who has permission as a Child Student
- Full time boarding students who will stay at school outside of term-time or leave the country
- Weekly or flexi boarders who will have a nominated guardian
Who can be a nominated guardian?
“Nominated guardian” is defined in the Immigration Rules. It means a person aged 18 years old or over who is appointed by the child's parent, legal guardian, or school as the child's carer in the UK outside of term-time for less than 28 days and/or is the school’s emergency contact in the UK for the child. The person must not be:
(a) a private foster carer (for the purposes of section 66 of the Children’s Act 1989); or
(b) a close relative the child is living with during term-time; or
(c) the child's parent or legal guardian who has permission as a Parent of a Child Student.
An application may be refused if a nominated guardian does not meet the care requirement.
What is the care requirement?
The application will be refused unless the decision maker is satisfied that there are appropriate care, living and, where applicable, guardianship arrangements in place for the applicant’s safety whilst in the UK.
For example, an application will be refused where an applicant’s intended carer (including a nominated guardian, a private foster carer and a close relative) or anyone regularly living with the nominated guardian:
- has been convicted of a criminal offence in the UK or overseas for which they have received a custodial sentence of 12 months or more; or
- is a persistent offender who shows a particular disregard for the law; or
- has committed a criminal offence, or offences, which caused serious harm.
An application may be refused where an applicant’s intended carer or anyone regularly living with the nominated guardian:
- has been convicted of a criminal offence in the UK or overseas for which they have received a custodial sentence of less than 12 months; or
- has been convicted of a criminal offence in the UK or overseas for which they have received a non-custodial sentence, or received an out-of-court disposal that is recorded on their criminal record.
The updated Student and Child Student caseworker guidance can be found here.
The Student sponsors are advised to refer to the updated guidance sponsors: Sponsorship Duties too.
If you would like assistance with a Child Student visa application or sponsorship, please do not hesitate to reach out for a conversation with our Business and Skilled Immigration Team either by clicking the link or emailing yposthumadeboer@turpinmiller.co.uk.