UK Visas & Immigration: navigating the new safeguarding requirements for Child Student visa holders

On 29 May 2025, the Home Office introduced significant changes aimed at strengthening and consolidating the safeguarding framework for Child Student visa holders. The changes appear to be intended to address inconsistencies in how schools and guardians manage safeguarding responsibilities – especially around care and accommodation outside of term-time.

These changes place added responsibilities on sponsors, particularly boarding schools, requiring a more proactive and structured approach to safeguarding, with particular focus on verifying care and living arrangements, ensuring appropriate guardianship outside of term-time, and obtaining supporting evidence. The new Rules only impact students wishing to apply for or renew a Child Student visa on or after 29 May 2025. Given the timing within the student recruitment and visa application cycle, it is essential that both students and sponsors are fully informed of the new safeguarding responsibilities, practical implications and evidential requirements. A lack of awareness and consequent failure to comply with the new requirements is likely to result in visa refusals, impacting students and sponsoring institutions alike.

In this article, we explore some of the key changes, their implications for students, parents and sponsors, and practical steps schools can take to mitigate risks of non-compliance and visa applications being refused.

Key changes

• Permitted living arrangements – in addition to the existing financial requirement, the rules and guidance introduce a new living arrangement requirement which students applying for a Child student visa after 28 May 2025 must satisfy. The living arrangement requirement sets limits on the types of people who can provide care for Child Students both during and outside of term-time. Sponsors must ensure that each Child Student’s living arrangement falls within one of the six living arrangements permitted by the UKVI. This includes newly recognised living arrangements not only for full-time boarders but also for weekly or flexi boarders.

In any event, each of the permitted living arrangements must be:

• declared on the Confirmation of Acceptance for Studies (CAS) allocated to any Child Student applying on or after 29 May (regardless of when the CAS was issued); and
• clearly documented and supported by evidence prescribed by the Home Office.

The nature of the evidence required will vary depending on the living arrangement in place. Parental consent letters (see below) and, where applicable, intended carers’ letters of undertaking must make it clear that the Child Student will enter into one of the permitted living arrangements in the UK. Importantly, in addition to providing the requisite evidence to the school, students must provide these documents to the UKVI along with their visa applications. Failure to do so will lead to visa applications being refused, which may in turn compromise the school’s ability to meet its Basic Compliance Assessment and lead to further potential consequences.

• Parental consent – although it was already a requirement that an application for a Child Student visa must be accompanied by a letter giving parental consent to the living and care arrangements in the UK, the changes mean that such parental consent can now only be for one of the permitted living arrangements under the new Rules.
• Nominated Guardian – the provisions introduce a new type of carer, “nominated guardian”, generally defined as a person aged 18 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. Although the Rules currently state that nominated guardians can only care for full boarders, the Home Office’s policy guidance indicates that this is expanded to include weekly and flexi-boarders.
• Immigration status requirement – a nominated guardian must be British or settled in the UK, as must private foster carers or close relatives providing care in the UK.
• Letter of undertaking – a letter of undertaking in support of the visa application will be required from the nominated guardian, private foster carer or close relative providing care in the UK, agreeing to the care arrangements, and providing certain required information about their household.
• Criminality and suitability criteria – visa applications must be refused if the proposed carer, whether they be a nominated guardian, close relative, or private foster carer, has a relatively serious criminal record and may still be refused where the proposed carer has a minor criminal record. In the case of nominated guardians, criminality checks will apply to anyone regularly living in the same household.
• Various clarifications – in its policy guidance, the UKVI has helpfully clarified what is permitted in certain circumstances. Examples include:
• that full boarders are allowed to stay with their parents who are visiting the UK. This includes full-time boarders being allowed to stay with a visiting parent initially, when integrating into boarding;
• when not in the care of the school, live with a parent who holds a Parent of a Child Student visa in relation to a sibling;
• remain at school without the need for additional care arrangements in certain circumstances;
• attend a school trip; and
• stay with a friend for the weekend where parental consent is in place.

Practicalities

We therefore recommend that schools take the following steps:

• Be aware (and monitor) – sponsors should have sufficient oversight of their student’s living arrangements to satisfy themselves that their students have appropriate care and accommodation in place and that these meet the living arrangement requirements. If they become aware that a Child Student is not in a permitted living arrangement, then they will need to notify UKVI within ten working days and state what steps have been taken to rectify it;
• Pro-actively monitor CAS – in relation to CAS already issued, ensure you are aware of whether corresponding applications were submitted prior to 29 May 2025. Where that is not the case, take action to ensure safeguarding information is reflected in the CAS issued and supporting documents provided to the school and with the student’s visa application.
• Review supporting evidence – to ensure that correct documentation is submitted and that all documents meet the relevant requirements.
• Revise policies and procedures – internal and external – to reflect the new safeguarding requirements. This includes record keeping for sponsored Child Students.
• Train staff – to ensure understanding and implementation of the above changes.
• Communicate changes and new requirements to parents in a timely manner - for example, where applications are due to be submitted, ensure parents are aware of and are able to provide the requisite documents to the school ahead of the visa application being submitted.
• Keep records and reporting – sponsors do not have to report changes to living arrangements to UKVI, provided they still meet the permitted arrangements, but they must ensure that up to date parental consent to the arrangement is held, as well as a new letter of undertaking where required;
• Finally, although the above applies to Child Students who apply for visas after 28 May, it is best safeguarding practice to ensure schools and staff are able to demonstrate knowledge and understanding of suitable and compliant living, care and guardianship arrangements for their entire student population, including Child Students on existing visas.

In light of these additional sponsorship duties, boarding schools would be best advised to satisfy themselves well in advance of holiday times that their Child Students will be staying in a permitted living arrangement.

This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.

If you require further information about anything covered in this article, please contact your usual contact at the firm.

© Farrer & Co LLP, July 2025