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

2013/14 HE Student Finance
Assessing Eligibility Guidance
family member to count as an exercise of the right of
residence).
The other requirements that need to be satisfied are as follows. The
applicant must:
• be ordinarily resident in UK on the day on which the first term of
the academic year actually begins;
• have been ordinarily resident in the territory comprising the EEA
and Switzerland for the three-year period preceding the first day
of the first academic year of the course; and
• where the three-year residence period referred to above was
wholly or mainly for the purpose of receiving full-time education,
have been ordinarily resident in the EEA and Switzerland
immediately before that period of residence.
126. An example of when paragraph 8 of Schedule 1 might be relevant is
where a family of UK nationals who are ordinarily resident in the UK
then leave England to move to Spain with the parents going as
workers and the children accompanying them. If the daughter returns
to the UK aged 18 to enter HE, she may be eligible for support under
paragraph 8 of Schedule 1 if she satisfies the relevant provisions.
127. Students who commenced their course in September 2009 or later
who are settled in the UK and exercise a right of residence anywhere
in the EEA or Switzerland for a period in excess of 3 months then
return to the UK and apply for support within 3 years of their return,
should apply to the UK territory that they were resident in before they
left the UK, regardless of the territory they are resident in once
returned to the UK.
Persons who are settled in the UK and move to Gibraltar then return to UK
before 1st day of 1st academic year
128. “UK national” includes Gibraltar nationals, whereas the UK as a
physical territory includes only Great Britain and Northern Ireland,
and not Gibraltar.
A person who is settled in the UK that moves to Gibraltar and then
returns to the UK before the first day of the first academic year
would not be exercising a right of free movement under paragraph 8
of Schedule 1 of the Student Support Regulations. The EC treaty is
only extended to Gibraltar by virtue of its connection with the UK,
because it is a “European territory for those external relations a
Member State is responsible” (Article 299(4)). Article 7 of Directive
2004/38 relates to a right of residence on the territory of another
Member State and therefore can only apply if an individual
exercises a freedom of movement in another Member State.
As Gibraltar is not a Member State in its own right, a UK resident
going to Gibraltar is not moving to another Member State. For
paragraph 8 to apply to a Gibraltar national they would have had to
have gone from the UK to another Member State (e.g. France)
before returning to the UK
EC nationals and their family members (Paragraph 9 of Part 2 of Schedule 1)
129. EC nationals and their family members must satisfy the residence
conditions in Paragraph 9 of Part 2 of Schedule 1 in order to
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