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

2013/14 HE Student Finance
Assessing Eligibility Guidance
resident here during the prescribed period. In some cases, an
authority may judge that a statement of intention will provide
sufficient evidence:
• Ownership of property – although in many cases, this will provide
sufficient evidence that an applicant would otherwise have been
ordinarily resident here, in some cases it will not. For example, a
property may simply be an investment or be intended for occupation
only on retirement following a considerable period abroad. Nonownership
of property in the UK and Islands, (or EEA and
Switzerland as appropriate), should not be taken to exclude an
applicant;
• Holidays – SFE may wish to consider where an applicant spent any
long periods of holiday or study leave; other business interests - does
the applicant have other business interests, which could lead SFE to
conclude that he or she would be likely to return here on completion
of his or her overseas tour.
Schedule 1 Part 2 - Categories
Part 2 of Schedule 1 to the Regulations sets out the various categories of
student and the residence and other conditions that they must satisfy in
order to become an eligible student. Satisfying the requirements of one of
the paragraphs in Part 2 of Schedule 1 does not automatically mean that a
person is an eligible student. For example, a person may be prevented
from being an eligible student by regulation 4(3).
Persons who are settled in the UK but not by virtue of having acquired a
permanent right of residence in the UK (as defined in the Regulations)
(Paragraph 2 of Part 2 of Schedule 1 to the Regulations)
61. To fall within paragraph 2 of Schedule 1, the student must be able to
satisfy three requirements relating to his residence and immigration
status on the first day of the first academic year of his course (for
example, for a course starting in the autumn this date is 1
September). On that date he must:
• Have been ordinarily resident in the United Kingdom and Islands
throughout the three year period preceding that date other than
wholly or mainly for the purpose of receiving full-time education;
• Be ordinarily resident in England;
• Be settled in the United Kingdom within the meaning of section
33(2A) of the Immigration Act 1971, in other words ordinarily resident
here without being subject to any restriction on the period for which
he may remain.
The requirement that any part of the student‟s residence in the UK &
Islands is not wholly or mainly for the purpose of receiving full-time
education does not apply to those students covered by paragraph 2(2) of
Schedule 1 (see below).
62. Paragraph 2(2) of Schedule 1 states that the requirement that the
three years residence in the UK and Islands should not contain any
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