Significant reforms to the UK’s Child Student visa route will come into effect from 29 May 2025, introducing complex new requirements that schools, colleges, and other student sponsors must understand and act on.
In this update, Gurjit Pall, Partner in Immigration Law at Lindsays, outlines the most important changes and explains how educational institutions can prepare to meet their compliance obligations.
Significant changes to the Child Student Visa route
The Home Office has published a Statement of Changes to the Immigration Rules, introducing several amendments - some of which are already in force, while others take effect later this year.
The upcoming changes to the Child Student visa route, effective from 29 May 2025, place significant new responsibilities on sponsoring educational institutions. These include stricter eligibility and safeguarding requirements, with failure to meet them resulting in visa refusals.
New care and criminality requirements
From 29 May 2025, applicants must demonstrate that appropriate care, living and, (where applicable) guardianship arrangements are in place to safeguard the child student while they are in the UK.
In addition to assessing the child’s safeguarding measures, the Home Office will now scrutinise the criminal records of carers, with decision-makers granted the power to refuse applications based on any criminal conduct involving:
- The nominated guardian
- A close relative, or private foster carer appointed by the child’s parent, school, or legal guardian
- Anyone living regularly in the same household as the nominated guardian
Specifically, the Home Office must refuse the application if any of the individuals mentioned:
- Have been convicted (UK or overseas) of an offence resulting in a custodial sentence of 12 months or more
- Are persistent offenders showing disregard for the law
- Have committed an offence, or offences, which caused serious harm
The application may also be refused if the intended carer has a conviction with a custodial sentence of less than 12 months, or has received a non-custodial sentence or out-of-court disposal recorded on their criminal record.
New definition of “Nominated Guardian”
The term “Nominated guardian” will now have a formal definition in the Immigration Rules:
“A person aged 18 years old or over who is appointed by the Child Student’s parent, legal guardian, or school as the Child Student’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 Student. The person must not be:
(a) a private foster carer (for the purposes of section 66 of the Children’s Act 1989); or
(b) close relative the Child Student is living with during term-time; or
(c) the Child Student’s parent or legal guardian who has permission as a Parent of a Child Student.”
Currently, close relatives or private foster carers must submit a letter of undertaking to support the visa application. This will now also be required from nominated guardians, who will have the additional requirement of including, in their letter of undertaking, the names, registered addresses, and contact details of all individuals who regularly reside with them.
Stricter living arrangement rules
Child Students must show, via a parental consent letter or carer’s letter of undertaking, that they will enter one of the six permitted living arrangements in the UK:
a) Full boarding at a residential independent school during term time, with holidays spent with an eligible British Citizen or settled person
b) Weekly boarding, with weekends and holidays spent with an eligible British Citizen or settled person
c) Flexi boarding and care by a British Citizen or settled person
d) Living with a private foster carer or close relative who is a British Citizen or settled in the UK
e) Living with a parent or legal guardian holding a Parent of a Child Student visa
f) Aged 16 or 17 and living independently
Private foster carers and close relatives are eligible persons for the permitted living arrangements as outlined in paragraphs (a), (b), (c) and (d) above; however nominated guardians (less than 28 days) are only considered eligible under arrangement (a).
The impact on sponsors and schools
From 29 May 2025, Home Office caseworkers will have increased powers to refuse a Child Student Visa application if they are not satisfied with care, living, or guardianship arrangements – or if the proposed carer has committed a relevant criminal offence.
These significant changes could present compliance challenges for sponsoring educational institutions. Schools and colleges must closely monitor the number of refused visa applications, as a high number of rejections could negatively affect their Basic Compliance Assessment. This may in turn lead to the revocation of the sponsor licence and other potential sanctions.
It is also essential that student sponsors are well-prepared and have appropriate systems and processes in place to manage these changes effectively.
Enhancing due diligence and record-keeping
Educational institutions must now implement stronger due diligence measures to:
- Verify the immigration status and suitability of nominated guardians
- Confirm that guardians are British citizens or settled in the UK
- Check that letters of undertaking meet the new legal criteria
The new requirement for student sponsors to maintain detailed records of students’ travel arrangements with nominated guardians introduces an additional administrative burden. Schools must now track:
- The student’s arrival date
- The identity of the person collecting the student
- Any accommodation arrangements outside of school
- The steps taken if the student fails to arrive as expected
Preparing for the changes
Schools must urgently update their safeguarding policies and procedures to reflect the new requirements. Key steps include:
- Establishing clear communication protocols with parents, nominated guardians, and local authorities
- Proactively contacting prospective and current international parents
- Securing the required documentation before issuing a Confirmation of Acceptance for Studies (CAS), e.g. parental letters of consent, letters of undertaking
- Confirming the student’s care and accommodation plan falls within one of the six permitted categories
- Identifying any potential safeguarding risks
Staff training will be vital to ensure all teams are up to date and that internal procedures are consistent and robust.
If your institution requires guidance or support in navigating these immigration changes, including updating policies, assessing the updated student arrangements, or ensuring compliance with sponsor duties, our immigration team is here to help. Please contact us for tailored legal advice and practical assistance.
Gurjit Pall
Partner, Immigration Law
