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

2013/14 HE Student Finance
Assessing Eligibility Guidance
granted to people who qualify for asylum or to EC nationals
exercising treaty rights.
84. At the end of the five year qualifying period people with refugee and
Humanitarian Protection status will be entitled to apply for ILR.
85. Application PN1 and the online application facility require students to
enter the date of expiry of their or their family member‟s immigration
status if applicable. Before allowing student support to continue in
the next academic year, SFE will be required to check whether the
student is still entitled to student support. SFE should request
revised documentary evidence of their immigration status from the
Home Office.
86. If the student‟s (or family member‟s) case is still under review by the
Home Office, or the Home Office are considering an appeal, student
support should not be withdrawn. SFE will require evidence from the
Home Office that this is the case before processing the student
support application. If SFE have difficulty confirming the situation
they should email: ssin_queries@slc.co.uk who will pass the query to
the relevant BIS team who will provide further advice.
87. Before allowing support to continue in the academic year following
the expiry of the relevant immigration status, SFE will need evidence
that the status, or a different qualifying immigration status has been
confirmed by the Home Office or that the Home Office is considering
awarding an appropriate immigration status, or an appeal is pending.
Consideration should also be given as to whether the student may
qualify under another category.
88. Students with HP (or who are the family members of such a person)
are not required to have been granted that leave by the first day of
the first academic year of the course (or in the case of family
members, the spouse, civil partner or parent does not have to have
been granted HP on the first day of the first academic year of the
course). Consequently, provided that they meet the relevant criteria,
these students can become eligible for support during the course of
an academic year.
89. The Home Office has issued guidance about the immigration position
of persons whose current leave to enter or remain has expired or is
about to expire. This guidance would cover persons who have been
granted limited leave to enter or remain in the United Kingdom and
who have to demonstrate that they have current leave to enter or
remain in order to be eligible for student support.
90. It is the Department‟s understanding that if a person with HP applies
for a further period of leave before the first period of leave has
expired, then the applicant‟s leave may be extended by section 3C of
the Immigration Act 1971. It is our understanding that, provided the
application for further leave has not been withdrawn or the applicant
does not leave the United Kingdom, the first period of leave is
extended for the period it takes the Secretary of State to make a
decision on the renewal application.
91. Section 3C of the 1971 Act enables a person's limited leave to be
extended where;
(a) an application has been made to the Secretary of State to vary the limited
leave to enter or remain,
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