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

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2013/14 HE Student Finance Assessing Eligibility Guidance Persons who have a right of permanent residence in the UK (as defined in the Regulations) (Paragraph 3 of Part 2 of Schedule 1 to the Regulations) 67. In relation to these regulations only EU nationals and their family members who have acquired the right of permanent residence in the UK may become eligible students by virtue of coming within paragraph 3 of Part 2 of Schedule 1. Although Norwegian, Icelandic and Liechtenstein nationals can acquire the right of permanent residence under Home Office rules, for student support purposes they are not considered under this paragraph. However, once they have acquired the right of permanent residence they are settled within the meaning of the Immigration Act and can be considered under paragraph 2 of Part 2 of Schedule 1. 68. To fall within paragraph 3 of Part 2 of Schedule 1, the student must be able to satisfy four requirements. He must: • Be ordinarily resident in England on the first day of the first academic year of the course; • Be settled in the United Kingdom by virtue of having acquired the permanent right of residence; • Have been ordinarily resident in the United Kingdom and Islands throughout the three year period preceding the first day of the first academic year of the course; and • Where the three years‟ residence referred to above was wholly or mainly for the purpose of receiving full-time education, have been ordinarily resident in the territory comprising the EEA and Switzerland immediately prior to the start of that period of residence. 69. Whilst a student who has been awarded the right of permanent residence before the start of a course will be eligible for support for the whole of that course providing the other criteria are satisfied, a student who is awarded the right of permanent residence after their course starts, will potentially be eligible for: • loans for living costs, Adult Dependants‟ Grant and Parents‟ Learning Allowance in any subsequent years of the course (and in the quarters following the award in the year of the award, except the quarter in which the longest vacation falls); • Maintenance grant or special support grant in any subsequent years of the course and in the quarters following the acquisition of the right of permanent residence, (if the status was acquired within three months of the first day of the academic year). • Childcare Grant, Travel Grant or DSAsubsequent years of the course and in all quarters following the acquisition of the right of permanent residence.. See the guidance chapter, „Grants for Dependants and Travel Grants‟ – regarding the support available to students who become eligible during the course. • Tuition fee support in any subsequent years of the course (and in the academic year the status was acquired, if the status was acquired within three months of the first day of the academic year). Version 1.8 22
2013/14 HE Student Finance Assessing Eligibility Guidance Asylum seekers who have been granted Refugee status under the 1951 United Nations Convention, their spouses, civil partners, children or stepchildren (Paragraph 4 of Part 2 of Schedule 1 to the Regulations). 70. Those refugees and their family members claiming student support under this category must satisfy these criteria in order to potentially be eligible for support. The student must be: • A refugee in his/her own right, ordinarily resident in the United Kingdom and Islands who has not ceased to be so resident since he was recognised as a refugee; and • is ordinarily resident in England on the first day of the first academic year of the course. Or the student must be: • The spouse or civil partner of a refugee and who was the spouse or civil partner of the refugee on the date on which the refugee made his application for asylum to the Home Office, ordinarily resident in the UK and Islands and has not ceased to be resident since the “leave to remain” status was awarded, and • is ordinarily resident in England on the first day of the first academic year of the course. In cases where the spouse or civil partner separately arrived after the date refugee status was awarded, then the spouse/civil partner‟s residence in the UK and Islands must not have ceased since their award of leave to enter or remain Or the student must be: • the child or step-child of a refugee who was his child or stepchild and under the age of 18 years old on the date on which the refugee made his application for asylum to the Home Office. The child has not ceased to be resident in the UK and Islands since he was given leave to enter or remain in the UK, and • is ordinarily resident in England on the first day of the first academic year of the course. In cases where the child arrived after the date refugee status was awarded, then the child‟s residence in the UK and Islands must not have ceased since their award of leave to enter or remain. 71. SFE must satisfy itself that all of the relevant Home Office documentation is valid. 72. Regulation 2(1) defines “refugee” as a person who is recognised by Her Majesty‟s Government as a refugee under the 1951 United Nations Convention relating to the status of refugees. A refugee is defined, in the Convention, as someone who is outside their own country of origin owing to a well founded fear of returning there because they may be persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion and who is unable, or owing to such fear unwilling to avail himself of the protection of that country. Version 1.8 23
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