A Grand British Adventure
Thoughts from a legal & educational perspective for families making the move to the U.K.
Sandra is a Partner of Mischon De Reya’s family team. She has over 40 years' experience of family law practice.
An experienced admissions professional, Cat joined Oppidan as Schools Advisor in September 2022 to advise families on school choices.
The Legal Perspective
Applying for a visa
Families intending to either move to the UK, or who intend to send their children to school here, may need to secure a visa first. The most appropriate visa to apply for will depend on the applicant's circumstances, what they intend to do in the UK, and how long they would like to stay here for. If coming to the UK for work with a job offer, the employing entity may be able to provide visa sponsorship provided the role meets certain conditions such as skill level and salary. It may also be necessary to demonstrate a specific level of English language skill. If instead the family is relocating to set up and an innovative business in the UK, an Innovator Founder visa may be the best fit, or perhaps a Global Talent visa which is for leaders/potential leaders in the arts, sciences or digital technology would be more suitable. Alternatively, those aged 17 or over on the intended date of travel that are Commonwealth citizens and have a grandparent that was born in the UK, a UK Ancestry visa may be preferred.
There are many different visa categories and most allow family members (partner and/or children) to apply as dependants of the main applicant. Different visas have different restrictions, but most will allow the dependant family members to work and study in the UK.
Children of university age (18 and over) will usually be unable to apply for a dependant visa and will instead need to obtain a visa in their own right. Those aged 16 or over that are coming to the UK to study can apply for a Student visa, provided they meet all other eligibility criteria such as having been offered a place on a course by a licensed student sponsor, having enough money to support themselves and pay for the course, and being able to demonstrate they can speak, read, write and understand English. Student applicants ages 16-17 will also need to provide consent from their parents when they apply.
When deciding which visa to apply for, it is prudent to think ahead and check if time spent in the UK on the visa leads to Indefinite Leave to Remain (ILR)/Settlement. ILR removes any time limits and restrictions on the holder's stay in the UK and is the step before applying for British Citizenship. It is also important to consider how the desired immigration status, and residence in the UK, is compatible with any tax plans before applying for the visa.
The Tax implications
If someone decides to move to the UK or send their children to school here, thought needs to be given to their tax position in the UK as well as the country they are leaving. Complex tax issues need to be planned for and individuals may need tax advisers in the UK to work with those in the country they have left to make sure double tax treaties can be used and operate as envisaged. Significant changes have recently been announced concerning the taxation of people moving to the UK. From April 2025, anyone moving to the UK who has been a non-UK tax resident for the previous 10-tax years, will be able to claim relief against income tax and capital gains tax (CGT) on their foreign income and gains (FIG) for the first four years from the date of their arrival. After this four-year period, and whether they claimed the FIG-regime for each of the four years from that time, UK residents will be subject to UK income tax and CGT on their FIG as it arises, whether or not the FIG is brought to or used in the UK. Once someone has been resident in the UK for 10 of the past 20 tax years their worldwide wealth will come within the UK's inheritance tax net. Any trust interests the individual has will need to be reviewed before moving to the UK to understand how they might be taxed too. These are complex areas and will require a UK tax specialist to navigate them.
Residence Status
Whether someone is resident in the UK or not is a matter that can be determined by the UK's statutory residence test. For those coming to the UK the rules are relatively straightforward but significant care needs to be taken to make sure that they are followed correctly. For example, someone moving to the UK with their family to enable a child to go to school here is likely to be treated as UK resident from the date of their arrival on the basis that they are likely to meet the necessary day count tests, have a home in the UK and work sufficient hours in the UK. However, a family who send their child to study in the UK could risk becoming UK resident, even if they themselves do not spend significant time in the UK.
This is because, if the child spends 21 days in the UK outside of term time, the child will be treated as a "family tie" for the purposes of the statutory residence test. Half term holidays and inset days are considered term time for the purposes of this test. If the family also has accommodation available to them in the UK in which to spend time when visiting the child and they spend time in the UK, these factors could make them resident in the UK for a tax year. Knowing when these rules apply and what they mean from a tax perspective is important for anyone coming to the UK, or sending their child to the UK for the purposes of education. Tax and legal advice should be sought as part of the planning phase to avoid any unexpected tax repercussions.
Marriage and Divorce Implications
It's also important to understand the potential ramifications should a marriage or parental relationship break down. Many couples who are nationals of, or who married in another country assume that, should their relationship end, the divorce would take place in that country. However, once the spouses (or either of them) become established here for a sufficient period of time, it is potentially possible for an application for divorce to be made here, and consequential financial orders to be made by the English court. England is widely considered to be one of the most generous countries in the world for financially weaker spouses, which can result in a very different financial outcome on divorce than couples from other jurisdictions may be accustomed to or expecting. Prior to any move here, an honest and sensible discussion about wealth planning, including consideration of tax issues, a post-nuptial agreement or any transfer of assets can save a great deal of uncertainty (and legal fees) down the line.
In contrast to the position on divorce, cohabiting couples in England and Wales have no rights as between themselves. On the breakdown of a cohabiting relationship, any financial claims between the couple are limited to claims based on property law and financial claims for the benefit any children they have. Financially weaker cohabitants who move here from a jurisdiction that recognises cohabitation rights can find that they are left with nothing if the relationship ends while here, no matter how long it lasted. While the Labour Government's election manifesto proposed a reform of the law, and creating better rights for cohabiting couples, it is unclear what changes will be made, or when.
In respect of arrangements for children, where a child's parents are married or the father was included on the child's birth certificate, both parents will have parental responsibility. This means that both parents need to be consulted about any important decisions in the child's life, including the religion they are brought up in, any significant (non-emergency) medical treatment, and the school they attend. The fact that the child lives with one parent does not negate the need to keep the other parent informed about important developments in the child's life and consult with them. While parenting plans are not legally binding here, they can help set expectations and flush out any potential areas of disagreement before they become more entrenched disputes.
The Court’s Role in school choices
It's not unusual for parents to disagree about the school their child should attend and where agreement cannot be reached, court intervention may be required. The court's approach is relatively straightforward – the child's welfare will be its paramount consideration. Where parents cannot agree about the right choice of school for their child, it will be important to show not only the objective merits of each school, but also what the child's experience of the school would be, including travel times, any friends that might already be going there and how the academic profile of the school fits with the child's individual abilities and aspirations. There is no "one size fits all" approach and each child can have different requirements and strengths that should be considered.
The Educational Perspective
Moving to the U.K. and navigating its education system can be complex, but with careful planning and consideration, you can ensure a smooth transition for your child. Here are some key points to keep in mind.
Adjusting to the U.K. Education System
When relocating to the U.K, one of the first things to consider is how your child will fit into the new education system. It's important to be aware that your child may need to repeat a year due to differences in age ranges and curricula between countries. This adjustment can be challenging, but schools are generally supportive and can provide guidance to help your child catch up. Expect some preparatory work to help your child adjust to the new curriculum, and rest assured that schools are usually well-prepared to assist with this transition.
School Admissions
Securing a place in a school can be competitive, and it's crucial not to assume that your preferred schools will have space. Be realistic and consider multiple options to increase your chances of finding a suitable place. Each school has its own application and assessment timelines, which are typically inflexible. Therefore, it's essential to start the application process early and be prepared for varying timelines.
Key Academic Years
Certain academic years, such as Year 6 and Year 11, are particularly critical due to key exams like the 11+ and GCSEs. Schools are often reluctant to admit new students at these stages because it can be disruptive to both the student and the school. If your child is entering one of these key years, it may be more challenging to find a school willing to accept them.
Choosing Between IB and A Levels
As your child approaches Sixth Form, you will need to decide whether they should pursue the International Baccalaureate (IB) or A Levels. Most schools in the U.K. offer A Levels, but some also offer the IB. It's important to consider which option aligns best with your child's strengths and future aspirations.
General Advice for School Admissions
When navigating school admissions, keep in mind two golden rules: there is a suitable school for every child, and it's important to be healthily sceptical of others' opinions. Trust your own judgment and focus on finding the right fit for your child. Be open to changing your preferences as you receive offers and involve your child in the decision-making process. Their happiness and comfort are crucial for their success.
Family Discussions and School Visits
Have open, gentle conversations about school choices as a family. Discuss the options over family meals or during outings, allowing your child to express their thoughts and preferences. It's also beneficial to visit schools more than once.
Attend Q&A sessions, group tours, and individual visits for offer holders to get a feel for the school environment. Focus on the overall atmosphere and how staff and students interact, rather than getting too hung up on specific facilities or exam results.
Scholarships and Bursaries
While scholarship offers can be appealing, they often do not provide significant financial benefits. Eton for example now longer carries financial support alongside its King’s Scholarship but it would make a bursary application more likely to be successful. It's more important to focus on finding the right school for your child rather than being swayed by scholarships. Means-tested bursaries, on the other hand, can be more beneficial and are worth exploring. Check with admissions teams for specific information on bursaries. This information is also available on schools’ websites.
Talking to Other Parents
Talking to other parents who have children at the schools you are considering can provide valuable insights. However, remember that their experiences may not reflect your own, so take their opinions with a grain of salt. Focus on what you believe is best for your child.
Friendships and Family Considerations
Reassure your child that they can maintain existing friendships even if they attend different schools. It's natural for them to feel anxious about making new friends, but real friendships will endure. Additionally, while family logistics are important, prioritize your child's happiness and educational needs over convenience.
Handling Admissions Pressure
Admissions teams may pressure you for a quick decision, but they cannot insist on an earlier response than the official deadline. Take the time you need to make an informed decision and communicate your choice as soon as possible to help the process move smoothly.
By keeping these points in mind, you can make a well-informed decision that best suits your child's needs and ensures a smooth transition to their new school in the U.K.