• VAT3A.1 What is the concession?
• VAT3A.2 What are the requirements?
• VAT3A.3 UK legislation
• VAT3A.4 How do I assess an application under the concession?
• VAT3A.5 What endorsement do I give?
• VAT3A.6 What is the refusal wording?

See other guidance information VAT1 Visitors: General VAT10 Special Visitor: Prospective student VAT11 Business Visitors VAT12 Business Visitor: Academic Visitor VAT13 Business Visitor: Visiting Professors VAT14 Business Visitors: Religious Workers VAT15 Business Visitor: Doctors coming for PLAB test VAT16 Business Visitor: Doctors undertaking clinical attachments VAT17 Sports Visitor VAT18 Entertainer Visitor VAT19 Visitors under the Approved Destinations Status MoU with China VAT2 Visitors: Visiting family; friends; as a tourist VAT20 Foreign armed forces (not NATO/Commonwealth) VAT21 Archaeological excavations VAT22 Appellants seeking admission VAT23 Parents with access rights to children in the UK VAT24 Child minders for relatives VAT25 Visitors seeking visas or settlement visas for other countries VAT26 Persons coming for job interviews VAT27 Court reporters VAT28 Witnesses attending trials in the UK VAT3 Special Visitor: Child visitors VAT4 Special Visitor: Child visitors sponsored by charities VAT5 Special Visitor: Parents with children under 12 at school in UK VAT6 Special Visitor: Marriage/Civil partnership visit (not settlement) VAT7 Special Visitor: Private medical treatment VAT8 Special Visitor: Visitor in transit VAT9 Special Visitor: Student visitor  

VAT3A.1 What is the concession?

There is no provision under the Immigration Rules for an overseas student to go to the UK to attend a state maintained school (i.e. non fee paying). However, some organisations arrange exchange schemes whereby young people (normally between 16 and 18 years of age) can spend part of the academic year in the educational system of another country. There is no provision for such applications under PBS tier 4 and therefore a temporary concession has been agreed to facilitate the exchanges. The concession is expected to run until December 2009. If, for example, an applicant applies in November 2009, they will still be entitled to the full 6 months leave under the concession.

Provided appropriate arrangements have been made, leave may be granted outside the Rules for a maximum of 6 months. Reference to the Tier 4 sponsor register is not required in these cases as the leave is not granted under the student Immigration Rules. This concession only extends to those attending state-maintained schools.

Applicants will not be allowed to extend their leave beyond 6 months.

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VAT3A.2 What are the requirements?

• The applicant is under the age of 18
• a state-maintained school has approved the exchange scheme or educational visit and has taken the applicant onto their roll
• suitable travel, reception and care arrangements are in place for the applicant’s stay here and that there are sufficient funds for their support
• care arrangements are in place which comply with relevant United Kingdom legislation – see * below for detailed guidance on current legislation
• If an applicant is under the age of 16 (or under the age of 18 if disabled), private foster care arrangements may apply – see guidance below. Those who have made the arrangement are responsible for notifying their local authority of the private foster caring arrangement
• the applicant intends to leave the United Kingdom on completion of the exchange or educational visit, which must be for no longer than six months
• the applicant has a parent or guardian in their home country who is responsible for their care – they should produce, for example, a letter from the parents consenting to the visit
• the applicant does not intend to study at an independent fee-paying school or at an educational institution which is the holder of a Tier 4 sponsor licence or has accreditation from an accreditation body approved by the United Kingdom Border Agency.
  

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VAT3A.3 UK legislation

• Independent Safeguarding Authority website
• Every Child Matters - a DCSF website
• The Children (Private Arrangements for Fostering) Regulations 2005 Statutory Instrument 2005 No. 1533
• Children Act 1989 Chapter 41 - on OPSI website
• Children Act 2004 Chapter 31 - on OPSI website
  

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VAT3A.4 How do I assess an application under the concession?

VAT3A.4.1
The following criteria must be met before entry clearance can be issued:

• the applicant must be under the age of 18
• the organisation arranging the exchange must provide evidence (in the form of a letter, for example) that a state maintained school has approved the exchange scheme and has taken the young person concerned onto their roll
  
• suitable arrangements for accommodation must be made and the applicant will need to demonstrate that he/she has sufficient funds for his/her stay. Organisations will often confirm that they have found a host family where the young person will live as a member of a family at no cost; in some cases, the family will include a child who is also involved on the exchange scheme although it is not necessary for the participants to be making a "head to head" swap)  
• the exchange organiser - or the school -should also confirm the care arrangements to us, and in the case where a private foster care arrangement is concerned, that they fully intend to notify the local authority of the arrangement
• the applicant intends to leave the UK at the end of the exchange.

VAT3A.4.2 Parent/Guardian consent
ECOs need to establish and record that the parent/guardian is in the home country and agrees to the child travelling.  In routine cases, the parent/guardian can either sign the application form or, where they are not travelling, they can provide a letter of consent.

The ECO should refuse the application if they have doubts about whether consent has been given, or where there is nothing from the parent or guardian and no reasonable explanation as to why this is so.

Where the parents are divorced, the consent must come from the parent who holds legal custody or sole responsibility.

Where the application is made by someone other than a parent or guardian or a social worker holding parental rights who is caring for the child, enquiries should be made as to the identity of the adult.

VAT3A.4.3 What are suitable travel, reception and care arrangements?
The ECO needs to establish the identity and address of the host family for the child and ensure that the care arrangements are satisfactory.   In routine cases this could mean asking for a letter from the host family. Proviso should be updated to show that satisfactory care arrangements are met and to include the name, address and telephone number of the intended family/carer, as well as the parents’ contact details. Failure to ensure this information is readily available may result in a lengthy delay for the child at the port of arrival. Child protection is very much in the fore-front of Immigration Officers’ minds and where a child does not present any kind of paperwork concerning the care arrangements, officers will pursue enquiries as they see fit to satisfy themselves that the children are not at risk.

VAT3A.4.4 Private Foster care arrangements
Children (under 16 years old or 18 years old if disabled) are privately fostered when they are cared for on a full-time basis by adults, who are not their parents or a close relative, for more than 28 days. Full-time includes holiday periods. It is the responsibility of the parent, carer, and anyone else involved in making the private fostering arrangement (including the approved education provider), to notify their local council of the private fostering arrangement. Therefore, where children coming on an exchange visit to a state school, will be staying with a host family in these circumstances, evidence will be required that the parent, carer or other person involved in making the foster care arrangement is satisfied with the care arrangements and that they intend to notify the local authority of the care arrangements soon after the child’s arrival.

The local authority is responsible for safeguarding and protecting children. They must make sure that private foster carers are suitable and that they get any support and guidance that they may need to help them care for the child.  The local authority must be notified of the child’s arrival and the address where the foster carer and the child will be living as soon as possible upon the arrival of the child.

A close relative, parent or legal guardian cannot be a private foster carer. 

VAT3A.4.5 Other programmes
Students taking part in privately arranged exchange schemes may be admitted on the same basis, provided that the school the young person is to attend has given its approval and taken them onto their roll, and that the above criteria are met.

If the UK school is independent fee paying (i.e. not maintained), applicants should apply under the Tier 4 (Child Student) provisions of the Immigration Rules.

VAT3A.4.6 Parents/guardians visiting the child
Parents/guardians wishing to accompany, join or visit their child will need to meet the full requirements of the visitor rules.

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VAT3A.5 What endorsement do I give?

C: EXCHANGE STUDENT: Code 3 for 6 Months

Please note that for non-visa nationals the endorsement is D: EXCHANGE STUDENT: Code 3 for 6 Months 

Add the name of the school or institution to the ‘add endorsement’ field.

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VAT3A.6 What is the refusal wording?

“You have asked for leave to enter the United Kingdom for [period] to attend [establishment], a state sector school, as an exchange student, but this is not a purpose covered by the Immigration Rules and you do not otherwise qualify for admission.”

Paragraph 320 (1).  Limited right of appeal.

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