Should I Send my Child Overseas for Schooling?
If you are bringing up children in London it can be hard to get a place for them in the right school or even an OK school. With the Labour government reportedly bringing in VAT on private school fees by January 2025 the pressure on state school places may increase as more London parents look at moving their children into state education.
In this blog, our Family Law Solicitors answer your questions on whether you can send your child overseas for schooling and the implications.
Online and London Family Law Solicitors and Immigration Lawyers
For family and immigration legal advice call the expert lawyers at OTS Solicitors on 0203 959 9123 or complete our online enquiry form.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi
Families contemplating sending their children overseas for an education
You may think that it sounds terrible to send your child to study abroad but our Family Law Solicitors our getting inquiries from parents who:
- Are privately educating their children in London and are worried about the affordability once VAT of 20% is added onto the school invoice
- Are paying private school fees for their first child but are worried about the affordability of private education for their second child once their second child reaches secondary school age
- Are impressed by the quality of overseas education in comparison to state schools in London
- Are in the UK on Work Visas or Business Visas and so don’t have British citizenship
- Have Indefinite Leave to Remain or British citizenship but also have strong ties to their country of origin and family links
- Want their children to experience their country of heritage
- Want their children to grow up bilingual
- Are looking for highly specialist education, such as in the arts, drama or sports or an education catering for special educational needs
- Are separated or divorced and are contemplating moving overseas with their child
- Were educated abroad or cared for by relatives overseas
Whatever the reasons for contemplating sending your child abroad for an education we recommend that you speak to our Family Law Solicitors and Immigration Lawyers before you finalise your plans and commit to privately paying overseas education.
Which parent needs to agree to overseas schooling?
Our Family Law Solicitors are used to being told that only a father needs to agree to a child being sent abroad for their education because that is the law in their country of origin or being told that it is only the mother’s consent that is needed as she is the primary carer.
If a child is habitually resident in the UK both parents need to agree to send their child overseas to be educated. A child can be habitually resident in the UK even if they are not a British citizen or if they are in the UK on a Dependant Visa as, for example, one or both parents are in the UK on a Skilled Worker Visa or a Business Visa.
If parents do not agree on whether their child should be educated overseas one parent can ask the family court to make a specific issue order or a prohibited steps order. A parent does not have to be a British citizen or to have Indefinite Leave to Remain to be able to apply for a child arrangement order or for an order setting out the school where their child will be educated.
Ideally, parents will reach an agreement on where to educate their child but these decisions can be very tough when one parent is appalled at the thought of their child attending a state school in London with a poor OFSTED report and academic performance and the other parent is equally horrified at the thought of sending their child thousands of miles away for a decent education.
Our Family Law Solicitors can help you reach an agreement or represent you if you need to apply for a child arrangement order, specific issue order, prohibited steps order or relocation order. For example, you will need a relocation order if you are planning to make a permanent move overseas with your child after a separation or divorce. That’s the case even if the driving force behind your decision to leave the UK is the best interests of your child and their education.
Immigration issues and international schooling
Our Family Law Solicitors work closely with our team of specialist Immigration Solicitors on the immigration aspects of sending a child overseas for international schooling.
For example, if your child is in the UK on a Dependant Visa what are the implications for your child if they are educated in their home country but want to return to the UK for long school holidays? For example, if one parent wants to spend time overseas with their child what are the implications for them meeting the continuous residence requirement for their planned Indefinite Leave to Remain application? These are just a few of the immigration and entry clearance questions our Immigration Lawyers can answer when parents are weighing up their options and working out if international schooling is in the best interests of their child.
Online and London Family Law Solicitors and Immigration Lawyers
For family law and immigration legal advice call the expert London lawyers at OTS Solicitors on 0203 959 9123 or complete our online enquiry form.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi
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