There have been significant safeguarding changes to the Immigration Rules relevant to children studying in independent schools which came into effect on 29 May 2025 In addition to usual procedural and financial requirements for applicants, decision makers must now ensure appropriate care, living, and guardianship arrangements are in place for the applicant’s safety while in the UK.
The aim of some these changes is to strengthen the protection and well-being of children under the care of nominated guardians, close relatives or private foster carers. Under section 55 of the Borders, Citizenship and Immigration Act 2009, the Home Office have a duty to safeguard and promote child welfare. These amendments introduce enhanced oversight of educational institutions sponsoring international students to ensure appropriate care and living arrangements in the UK for sponsored students, with additional requirements relating to parental consent and nominated guardians. Additionally, a new performance banding system is being introduced to rate institutions as red, amber, or green based on their compliance history. Institutions in the independent sector who are deemed non-compliant or underperforming may face caps on international student recruitment.
Nominated guardians
One of most significant changes is that a definition of ‘nominated guardians’ is being introduced despite the concept being around since the introduction of the Student Sponsorship route. A nominated guardian is now defined as a person who is aged 18 or over and appointed by a parent, legal guardian or the school as the carer for a Child Student outside of term-time for less than 28 days and / or is the school’s emergency contact in the UK for the child. The Rules now explicitly state that a nominated guardian must not be a private foster carer, a close relative (if they are also living with that close relative during term-time) or the Child’ Student’s parent or legal guardian who has permission as a Parent of a Child Student.
Stricter background checks have also been put in place for guardians and carers. The Home Office can now refuse a Child Student visa if the nominated guardian, close relative or private foster carer (or any individual living with them) has a history of serving a custodial sentence of 12 months or longer (whether in the UK or abroad); has engaged in consistent offending behaviour; or committed an offence resulting in serious harm. In addition, applications may be rejected if the carer has a criminal record with shorter custodial or non-custodial sentences.
Letters of undertaking
Individuals acting as nominated guardians, close relatives or private foster carers are required to be British citizens or settled in the UK. They must also provide a letter of undertaking for submission with a UK visa application which details their relationship with the child’s parents or legal guardians, confirmation of private accommodation and responsibility for the child’s welfare and a list of other a list of any other people that the intended carer supports or has offered to support.
An additional change is that the applicant must demonstrate that suitable living arrangements have been arranged for their care and residence in the UK. A parental consent letter or the letter of undertaking from the intended carer must confirm one of a number of permitted living arrangements, including full boarding at a residential independent school with appropriate holiday provisions.
Record keeping and reporting duties on Child Student sponsors
In line with changes to nominated guardians, the Home Office has also introduced an additional and new duty under the record keeping obligations. From May Child Student sponsors, such as independent schools, must now make reasonable efforts to collect information on travel arrangements for sponsored students with a nominated guardian. This relates both to the student’s arrival and departure from the UK. Such information includes when the student is arriving, who will be collecting the student and where the student will be staying initially if not proceeding directly to school. Sponsors are also now required to report to the relevant authority (i.e. UK Visas and Immigration) if the student does not arrive at school and a suggested best practice is that this exercise is extended to all sponsored students under the age of 18.
International students play an important part for many independent schools in the UK. These changes are there to safeguard children and ensuring their welfare while studying in the UK otherwise there is a danger that they could slip through the net. Child student sponsors such as independent schools are therefore expected to be more diligent in ensuring that their sponsored students have appropriate and compliant care and living arrangements in place and amending their internal policies to ensure ongoing compliance with their sponsor duties. We also recommend that independent schools ensure that any staff responsible for sponsoring international students are co-ordinating with staff with safeguarding responsibilities to ensure that there is a joined-up approach.
The updated Student and Child Student caseworker guidance can also be found here and Student sponsor guidance here.
For further information and advice, please contact the School Support Service team on 0345 070 7437 or schoolsupport@wslaw.co.uk