Question to the Department for Education:

To ask the Secretary of State for Education, whether her Department has made an assessment of the potential merits of extending the offer of 30 hours of free childcare for three and four year-olds to the children of working parents in families with no recourse to public funds.

The government expects migrants coming to the UK to be able to maintain and accommodate themselves without the support of public funds.

The new working parent entitlement, which will be rolled out in phases from April 2024, will be available to working parents who meet the eligibility criteria. These will be the same as the current 30 hours offer for 3 and 4-year-olds.

The free childcare entitlements for the 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, which means that where both parents have no recourse to public funds, they will not be eligible for the entitlements.

Parents with no recourse to public funds are, however, able to access the 15 hours free early education entitlement available for all 3 and 4-year-olds and, if eligible, 15 hours free early education for disadvantaged 2-year-olds. In September 2022, the department extended eligibility for the 2-year-old entitlement to disadvantaged families who have no recourse to public funds. This is because these entitlements are intended to support children's development and help prepare them for school.

The government has no current plans to extend the early years entitlements for working parents to families with no recourse to public funds.