We are overstaying. Will my son be able to continue his studies?

QUESTION: I am seeking your advice about my son affairs.
We are overstaying. My son is nearly 11 years and he is on his way to secondary school from September. He is studying here from year 1. The secondary school authority issued a letter to provide passport or birth certificate to prove student identity on next meeting. We have (back home) his birth certificate.  My concern is should be there any problem to continue his study. 
Kindly advise me.

ANSWER: Arguably, due to the lack of status, it may be contended that your son does not have the necessary permission to engage in the British education system.

However, having said this, in any event, regard should be given to the child’s best interests and at the current time there is landmark case law which supports this discretion. How this is applied is of course at the discretion of the Home Office and the law is subject to change at any time.

It is difficult to advise of the exact affects that this matter may have, however, attempts to regularise your stay in the UK should be considered to enable your son to secure such position.

We wish you all the best.

Many thanks

Sejal Karavadra
Solicitor Advocate and Director 


For legal advice regarding your case please contact DBS Law for a consultation on 08001577051 or email [email protected]

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