Child Student visa update: UKVI clarifies guardian and living arrangement requirements
New guidance provides welcome clarification on educational guardianship requirements, documentation, and acceptable care arrangements for sponsored pupils.
Following the announcement of significant changes to the Child Student visa rules effective from 29 May 2025, UK Visas and Immigration (UKVI) has published an updated Q&A document that addresses many of the concerns raised by schools and immigration lawyers.
The main points contained in the updated guidance can be found below, but staff in schools responsible for international admissions, student visa compliance and safeguarding of international students should read UKVI's guidance in full.
Nominated (educational) guardians now permitted for weekly and flexi-boarders
A key change from the initial policy is that UKVI will now allow nominated guardians for weekly and flexi-boarders, not just full boarders. This addresses concerns about the impracticality of relying solely on private foster carers or close relatives in these scenarios.
When completing the visa application form, applicants should still select “close relative” if their guardian is a nominated guardian, as updates to the application forms will follow later this year. An application will not be refused where the chosen option on the form does not match the arrangement, provided appropriate supporting documentation is supplied.
The role of educational guardianship agencies
UKVI have confirmed that educational guardianship agencies can be named as nominated guardians. The Letter of Undertaking must identify a named contact within the organisation who meets the requirements for nominated guardians. If the child's homestay arrangement hasn't been finalised at the time the visa application is submitted then that information does not need to be included in the Letter of Undertaking. In those situations, UKVI may make further enquiries to ensure that safeguarding requirements are met.
More flexibility in living arrangements
UKVI has clarified that full boarders may stay with their parents visiting the UK, return home during holidays, attend study camps (with parental consent and school oversight), or remain at school if facilities and staff are available. In these situations, full boarders may not need additional care arrangements if they are only staying at the school and travelling directly from school to their home overseas. The school would act as their emergency contact and they would not need a Letter of Undertaking.
Boarders can also live with a parent holding a Parent of a Child Student visa (e.g. for a younger sibling), when they are not in the care of the school.
UKVI have also confirmed that the permitted arrangements do not prevent a student from attending a school trip or staying with a friend for the weekend, if they have the consent of their parents. Additionally, full boarders are permitted to initially stay with a parent who is visiting the UK to help them integrate into UK culture and life in a boarding school.
Letter of undertaking requirements
A Letter of Undertaking is still required where the pupil has a nominated guardian, private foster carer or close relative and must contain extensive information, including the carer’s identity, address, relationship to the child’s parents, details of any other dependants they support, and confirmation that the accommodation is non-commercial.
Application of the new rules
These changes only formally apply to students applying for a visa from 29 May onwards. However, UKVI encourage parents and schools to ensure that existing students are in appropriate living arrangements.
Documentation and oversight expectations
Sponsors must retain Letters of Undertaking and ensure that any change in living arrangements meet UKVI's requirements, including obtaining updated/new Letters of Undertaking where required. Schools will not need to notify UKVI of changes in care arrangements unless the arrangement becomes non-compliant.
Next steps for schools
- Review guardianship policies in light of the clarified rules
- Ensure appropriate documentation is collected before CAS assignment
- Train staff on new definitions and acceptable living arrangements
- Prepare for updates to the Immigration Rules later in 2025.
Further guidance expected
UKVI has confirmed that updated caseworker guidance and Sponsor Guidance will be published on 29 May.
For further advice, please contact Tom Brett Young in our Immigration on 0121 227 3759, or complete the form below.