Question to the Department for Education:

To ask the Secretary of State for Education, if she will make it her policy to extend free childcare to holders of British National (Overseas) passports working in the UK.

This government is determined to make early years the department’s top priority, reset its engagement with the sector and set every child on the journey to improved life chances. The government will say more about plans for early education and childcare in due course.

The current position is that families with British National Overseas status can access:

• The universal 15 hours free childcare entitlement, which is available to all 3 and 4 year old children, regardless of parental circumstances.
• 15 hours entitlement for parents of 2 year olds in receipt of additional support, which is available if their child has an education, health and care plan, or is in care or adopted in England and Wales. They are also eligible for these hours if their household income after tax is no more than:

o £26,500 for families outside of London with one child

o £34,500 for families within London with one child

o £30,600 for families outside of London with two or more children

o £38,600 for families within London with two or more children

The entitlements for children of working parents are not within the definition of ’public funds’ in the Immigration and Asylum Act 1999 or the Immigration Rules. However, there are requirements in the Childcare (Free of Charge for Working Parents) (England) Regulations 2022 for the parent, or one of the parents, not to be subject to immigration control. This means that where both parents have no recourse to public funds, they will not be eligible for these entitlements. However, if there are two parents and just one of them is subject to immigration control, the family will still be eligible for the entitlements provided they meet the other eligibility criteria.