Overseas Students: Boarding Schools

Home Office written question – answered on 24th January 2017.

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Photo of Lord Lansley Lord Lansley Conservative

To ask Her Majesty’s Government whether a child attending a UK boarding school from overseas is regarded as habitually resident in the UK if they return home outside term-time.

Photo of Baroness Williams of Trafford Baroness Williams of Trafford The Minister of State, Home Department

Whether a child has habitual residence in the UK is a question of fact to be determined depending on the child’s individual circumstances. While the arrangements for a child at a UK boarding school both during term time and during holiday periods will be relevant to the assessment, it is not possible to determine from this alone where the child’s habitual residence lies. A decision must be made on a case by case basis.

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