The UK offers a Child Student visa for children aged between 4 and 17, enabling them to study at independent schools in the UK. This visa is designed to ensure that minor students can study safely and systematically in the UK. Applicants must obtain a Confirmation of Acceptance for Studies (CAS) from a recognised UK educational institution and demonstrate that either their parents or a legal guardian will be responsible for their welfare and safety. Required documents for the application include the child’s passport, tuberculosis (TB) test certificate, CAS statement, parental consent letter, family relationship certificate, documents related to the legal guardian, and financial evidence.
Purpose of the Legal Guardian Requirement
Under UK immigration law, if a minor student is not accompanied by their parents while residing in the UK, it is mandatory to appoint a legal guardian. The legal guardian is responsible for all aspects of the student’s life — academic, personal, health, and financial — acting in place of the parents. The guardian can be an individual or a professional guardianship organisation, and their primary role is to ensure the student’s safety and well-being in an unfamiliar environment, providing prompt support in emergency situations.
If one parent accompanies the child to the UK, they may apply for a Parent of a Child Student visa. This visa is only available if the child is under 12 years old, and only one parent can accompany the child. When the child becomes 12 years old, the parent can no longer remain in the UK on this visa, and a legal guardian must be appointed.
Who Can Be a Legal Guardian?
There are several categories of individuals who may serve as a legal guardian for a Child Student visa application. The student’s parents are the primary legal guardians by default. Other relatives, such as grandparents, uncles, or aunts, may also act as legal guardians. Additionally, a trusted adult (aged 18 or over) known to the family, such as a friend, may be appointed as a private guardian. Alternatively, a professional guardianship organisation can be designated as the legal guardian.
For day school students, relatives can serve as legal guardians. If a private foster carer (a third-party guardian who is not a relative) is appointed, they must be a British citizen or settled person (with indefinite leave to remain or permanent residence), and in cases where the guardian is not a relative, prior notification and assessment by the local council are required. For boarding school students, any adult aged 18 or over who is legally residing in the UK may act as a legal guardian.
Understanding the Undertaking (Letter of Undertaking)
When applying for a Child Student visa, the school will require the legal guardian to provide an Undertaking (Letter of Undertaking). This document is a formal written commitment by the legal guardian to take responsibility for the safety and welfare of the minor student. The undertaking includes the guardian’s identification details, contact information, address, and a statement of their responsibilities for the student’s welfare. Recently, it has become mandatory to confirm that neither the legal guardian nor any cohabiting family members have a criminal record.
Recent Legislative Changes and Policy Intent
The UK government has significantly strengthened the Child Student visa application process from 29 May 2025 to enhance the safety and welfare of minor students. The key change is the strict scrutiny of the credibility and criminal background of legal guardians and cohabitants, aiming to prevent individuals who may pose a risk to the student’s well-being from being appointed as guardians. These changes are specified in the amended Immigration Rules Appendix Child Student and are effective from 29 May 2025.
The Home Office’s rationale for requiring the undertaking is to prioritise the safety and welfare of minor students. When children are separated from their parents in a foreign country, they face various risks beyond academics, including personal safety, health, and emergency situations. By mandating the submission of the undertaking, the Home Office ensures that the student’s living environment, care arrangements, and the guardian’s credibility are formally verified. This helps create a safe environment for the student’s studies and clarifies the responsibilities of parents and schools regarding the student’s welfare and safety.
Key Documents Required for Visa Application
Additional documents required for the visa application include the legal guardian’s Letter of Undertaking, which formally confirms their commitment to the student’s welfare. A revised Parental Consent Letter is also required, incorporating new clauses regarding the student’s living arrangements. This letter must state that the parent agrees to the necessary care and living environment for the student in the UK, confirming that during term time the student will reside in the school’s boarding accommodation and, during holidays, will stay with a designated legal guardian who is a British citizen or settled person (for periods of less than 28 days). These requirements are specified in Immigration Rules Appendix Child Student, paragraph 9A.1(a).
These documents are required to formally confirm the student’s living environment and care arrangements, prioritising the safety and welfare of the student.
Relevant Legislation and Practical Application
According to Immigration Rules Appendix Child Student, a Child Student visa application must demonstrate appropriate care and accommodation arrangements, as well as parental or legal guardian consent. From 29 May 2025, the criminal background of the legal guardian and cohabitants will also be scrutinised. If the appointed legal guardian, close relative, or cohabitant has received a prison sentence of 12 months or more, is a repeat offender, or has a history of causing serious harm, the visa application will be refused. Shorter sentences (less than 12 months) or non-custodial penalties for less serious offences may also result in refusal.
The legal guardian must submit a Letter of Undertaking, formally committing to the student’s welfare and safety. The school and the UK government use this document to ensure that the student’s care is properly arranged.
Practical Tips and Considerations for Applicants
The Letter of Undertaking must be completed using the official form, with the legal guardian’s identification, contact details, and address clearly stated. Confirmation of the legal guardian’s and cohabitants’ criminal background is mandatory, so relevant documentation (such as a criminal record check) may also be required. Schools may have their own forms or additional requirements, so it is essential to check with the school before applying. Incomplete documentation or evidence of a criminal record for the legal guardian or cohabitants may result in the visa application being refused, so careful preparation is advised.
The Child Student visa application process places significant emphasis on the responsibility for the care and welfare of minor students. The legal guardian system, the submission of the Letter of Undertaking, and the scrutiny of the guardian’s and cohabitants’ criminal background are essential requirements to ensure the student’s safety. The legal guardian can be a parent, relative, trusted adult, or professional guardianship organisation, so it is important to select the most appropriate guardian for your circumstances.
If you have any questions or require advice regarding the Child Student visa or legal guardian eligibility, please contact us at 020 3865 6219 or leave a message. We are committed to supporting you in ensuring a safe and smooth visa application process.