SFE Assessing Eligibility Guidance 2013/14 - Practitioners - Student ...

2013/14 HE Student Finance
Assessing Eligibility Guidance
Switzerland and Turkey) will normally retain the relevant connection
with the UK (or EEA, Switzerland and Turkey), and therefore be
eligible for support. The Department is of the view that the relevant
period of their residence should not be regarded as being „wholly or
mainly for the purposes of receiving full-time education‟ simply
because they are still here and receiving education while their
parents are temporarily employed abroad. Paragraph 2(2) of
Schedule 1 states that the three years‟ residence in the UK and
Islands was not wholly or mainly for the purpose of receiving full-time
education does not apply to a person who is treated as ordinarily
resident in the UK and Islands in accordance with paragraph 1(4) of
Schedule 1.
55. A person who has entered the country on a student visa may initially
be ordinarily resident here primarily for educational purposes, but the
purpose of residence may subsequently change. However, as
always, SFE should make a decision in such cases based on the
particular facts.
Possible considerations when establishing temporary employment abroad
56. In reaching a judgement, SFE will wish to satisfy themselves that the
period abroad arises from employment; judge whether or not the
absence is temporary; and decide whether, but for the employment
of the applicant (or parents or spouse/civil partner etc.), he or she
would have been ordinarily resident in the relevant place. In making
their decision, SFE may wish to consider among other things, the
nature of the posting; the terms of any contract or employer's letter;
the period of time spent abroad; the time spent in this country; and
whether a residence has been maintained in the UK (or as the case
may be EEA, Switzerland and Turkey).
57. The onus is on the applicant to satisfy the authority that: his absence
was due to employment abroad; and this employment was
temporary; and were it not for temporary employment abroad he
would be ordinarily resident in England or the United Kingdom and
Islands (or the EEA, Switzerland and Turkey as appropriate).
58. In determining whether the absence was for purposes of
employment, but the applicant was not in employment immediately
after moving overseas, SFE may wish to consider:
• Whether the applicant had applied for jobs prior to his or her
departure;
• The length of the time spent overseas before obtaining work;
• Whether the applicant resided in the same overseas country before
and after obtaining a job;
• What the applicant was doing prior to obtaining a job, or between
jobs.
• In determining whether the employment was temporary or
permanent, SFE should consider:
The nature of the contract:
• Does the contract include liability for UK (or EEA, Switzerland and
Turkey) tax on earnings
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