The new requirements will have a significant impact on independent schools sponsoring pupils, particularly boarders. Schools will need to review and revise their policies and procedures concerning guardianship, CAS assignment, and pupil care arrangements. Some elements of the new rules appear difficult to apply in practice, and we have contacted UK Visas & Immigration (UKVI) to seek urgent clarification.
Below are a summary of the key changes.
The new rules distinguish between full, weekly, and flexi-boarding imposing new conditions on care arrangements when not in the care of the school:
Additional documentary requirements include:
The nominated guardian, private foster carer, or close relative must be a British citizen or settled in the UK.
On an initial analysis, we are concerned about the practicality of meeting these requirements in many weekly or flexi-boarding scenarios so clarification is being sought from UKVI on this point. Specifically, establishing a formal private foster care arrangement in such cases seems unlikely, and many guardianship agencies may find it difficult to complete the letter of undertaking at the visa application stage if homestay arrangements are not yet finalised.
Schools should take immediate steps to:
Schools will also have a new duty to make reasonable efforts to collect and retain information about travel plans for sponsored pupils who have a nominated guardian, including:
We will publish further updates as clarification is received from UKVI. A webinar on the new requirements will be held prior to their introduction, with invitations to follow shortly.