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Openai/691bbc38-c6e4-8005-ad7b-dc758785f522
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=== Assistant: Short version: yes — in many cases a child claiming to be under 18 can get a place in a UK state-school even if they or… === Short version: yes — in many cases a child claiming to be under 18 can get a place in a UK state-school even if they or their family have no legal immigration status. But there are important caveats (and the “I’m a child” claim doesn’t automatically guarantee everything). Here’s a more detailed breakdown: ===== - Under the rules for England (and similarly for other parts of the UK) children of compulsory school age (roughly 5-16) who are resident in the UK are normally entitled to attend state-funded schools, regardless of their or their parents’ immigration status. gov.uk<ref>{{cite web|title=gov.uk|url=https://www.gov.uk/guidance/schools-admissions-applications-from-overseas-children|publisher=gov.uk|access-date=2025-11-18}}</ref> ===== * For example, the website for Migrants’ Rights Network states: “Your child can go to school, even if you have an immigration status … or you are undocumented.” London City Hall<ref>{{cite web|title=London City Hall|url=https://www.london.gov.uk/programmes-strategies/communities-and-social-justice/migrant-londoners-hub/education-and-training/primary-and-secondary-education-5-16-year-olds|publisher=London City Hall|access-date=2025-11-18}}</ref> * The guidance also says that state-schools must not refuse admission just because of immigration or nationality status. gov.uk<ref>{{cite web|title=gov.uk|url=https://www.gov.uk/guidance/schools-admissions-applications-from-overseas-children|publisher=gov.uk|access-date=2025-11-18}}</ref> * Support (e.g., English-as-Additional-Language help, special educational needs support) is available regardless of immigration status. London City Hall<ref>{{cite web|title=London City Hall|url=https://www.london.gov.uk/programmes-strategies/communities-and-social-justice/migrant-londoners-hub/education-and-training/primary-and-secondary-education-5-16-year-olds|publisher=London City Hall|access-date=2025-11-18}}</ref> ===== - The key term is “resident in the UK”. If a child merely shows up claiming to be a child but has no residence arrangement, things get more complex. gov.uk<ref>{{cite web|title=gov.uk|url=https://www.gov.uk/guidance/schools-admissions-applications-from-overseas-children|publisher=gov.uk|access-date=2025-11-18}}</ref> ===== * Age is often disputed (the claim “I’m a child” may trigger an age-assessment). Being undocumented or having a disputed age may create extra hurdles (though not a lawful reason to deny a school place). * Some parts of the guidance note: children with “insecure immigration status, such as visa overstayers, are not permitted to study at state-funded schools.” irmo.org.uk<ref>{{cite web|title=irmo.org.uk|url=https://irmo.org.uk/wp-content/uploads/2025/02/Feb25-Thrive-Legal-Briefing-Factsheet.pdf|publisher=irmo.org.uk|access-date=2025-11-18}}</ref> That seems contradictory to other statements; likely this refers to scenarios where entry conditions were specifically for study or certain visa types. * Having no recourse to public funds (NRPF) affects some benefits, but schooling is separate. London City Hall<ref>{{cite web|title=London City Hall|url=https://www.london.gov.uk/programmes-strategies/communities-and-social-justice/migrant-londoners-hub/education-and-training/primary-and-secondary-education-5-16-year-olds|publisher=London City Hall|access-date=2025-11-18}}</ref> * Schools will ask for some proof of name/date of birth/address (though they must not refuse on immigration status alone). London City Hall<ref>{{cite web|title=London City Hall|url=https://www.london.gov.uk/programmes-strategies/communities-and-social-justice/migrant-londoners-hub/education-and-training/primary-and-secondary-education-5-16-year-olds|publisher=London City Hall|access-date=2025-11-18}}</ref> ===== If an undocumented person arrives in the UK and claims to be a child, the following is likely: ===== * The local authority / school will treat the child as of compulsory school age if they seem of that age, and they are living in the area (i.e., resident). * The school should not refuse admission simply because the child or parent lacks immigration status. * If the age is disputed, there may be an age-assessment by immigration authorities or by the local authority. * The child will get access to schooling, but their immigration/age case may complicate other aspects (welfare, maybe long-term stability). * The schooling right does not grant regularisation of immigration status; it’s purely an educational right. If you like, I can check the Scottish, Welsh and Northern Irish regimes (they differ slightly) and the case law on age disputes in UK immigration. Do you want that?
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