The Student Room Group

EEA Migrant Worker status- any guidance, regulations?

I am a fourth-year student and a Polish national; until recently, I have been classified as an EEA migrant worker and receiving both the maintenance loan and grant, However, after all sorts of problems with my student finance this year (delays, lost documents, etc.), I have learned that the new team that deals with migrant workers have rejected my application, presumably because they no longer consider me to be a "migrant worker". I won't go into details but basically I have always satisfied the criteria for this status, as set out by my local authority (at the time when it was still them who dealt with my application), i.e. came to the UK to work here; have not left for a significant period since; and have been in continuous employment throughout my degree.

I have read all the recent threads on this subject and realise that many other have been similarly affected by the recent case. I don't need to say how extremely unfair it is to suddenly change the way regulations are interpreted and refuse financial support to people who are already in the middle of their degree and whose circumstances have not changed.

I have the following request: does anyone have access to the official guidance that the migrant team use? Or, even better, do you know what EU regulations and cases are relevant in this area? Finally, any advice on what sort of arguments I could use in my letter to the migrant worker team to try to appeal their decision? For example, previous posts have suggested mentioning considering writing to the MP; and "I look forward to hearing from you within 15 days"; are these good ideas? any others?

Thanks very much.

Bart
Sadly the stance taken is that local authorities were misinterpreting the rules and in error in the first place. I don't think you will be able to change their minds whatever you try to do.
Reply 2
Thanks, hypocriticaljap.
After some quick legal research (studying European Union Law has finally paid off!), I have the following observations:

- First, whether the way the Migrant Worker team now interpret EU law is correct is at least doubtful; it is true that the ECJ has said that for a person to qualify as a "worker" he or she has to be in genuine, effective employment that is not marginal or ancillary (each of these terms has specific legal meaning); but exactly what it means in practice is not clear and is for national courts to apply on facts of each case; so my advice for anyone in the same situation as mine (but who perhaps has more than 3 months at university to go) would be to, having appealed their decision, to challenge (or at least threaten to challenge) it before a court.

- Second, perhaps an even stronger argument would be to argue that the change in the way student finance authorities interpret EU law- and the fact that they use this interpretation to refuse funding to students who have satisfied the criteria as set out by their local authorities (i.e. they have remained in employment- even for a small number of hours a week)- breaches the principle of legal certainty, whose importance in this context the European Court of Justice has stressed. As I mentioned, it seems extremely unfair to tell someone who's in the middle of their studies to say "now we interpret the rules differently and so we won't give you any more money even though you satisfy the rules as we initially explained them to you" and it seems the law will support this conclusion.

- Finally, I have now realised that I have an even easier route to get full student funding- I started uni after residing and working in the UK for two years; I am now in my fourth year of my course; I have therefore been resident in this country for more than five years and as such have "permanent resident" status (Article 16(1), Directive 2004/38/EC) and am entitled to equal treatment with UK nationals (Article 24(1)), including the right to maintenance aid for studies (Article 24(2)). When filling in the PN1 form this year I didn't realise this and incorrectly stated that I do now have a "settled status" (which includes "permanent residence" ).

Hope this helps someone.
bartw
Thanks, hypocriticaljap.
After some quick legal research (studying European Union Law has finally paid off!), I have the following observations:

- First, whether the way the Migrant Worker team now interpret EU law is correct is at least doubtful; it is true that the ECJ has said that for a person to qualify as a "worker" he or she has to be in genuine, effective employment that is not marginal or ancillary (each of these terms has specific legal meaning); but exactly what it means in practice is not clear and is for national courts to apply on facts of each case; so my advice for anyone in the same situation as mine (but who perhaps has more than 3 months at university to go) would be to, having appealed their decision, to challenge (or at least threaten to challenge) it before a court.

- Second, perhaps an even stronger argument would be to argue that the change in the way student finance authorities interpret EU law- and the fact that they use this interpretation to refuse funding to students who have satisfied the criteria as set out by their local authorities (i.e. they have remained in employment- even for a small number of hours a week)- breaches the principle of legal certainty, whose importance in this context the European Court of Justice has stressed. As I mentioned, it seems extremely unfair to tell someone who's in the middle of their studies to say "now we interpret the rules differently and so we won't give you any more money even though you satisfy the rules as we initially explained them to you" and it seems the law will support this conclusion.

- Finally, I have now realised that I have an even easier route to get full student funding- I started uni after residing and working in the UK for two years; I am now in my fourth year of my course; I have therefore been resident in this country for more than five years and as such have "permanent resident" status (Article 16(1), Directive 2004/38/EC) and am entitled to equal treatment with UK nationals (Article 24(1)), including the right to maintenance aid for studies (Article 24(2)). When filling in the PN1 form this year I didn't realise this and incorrectly stated that I do now have a "settled status" (which includes "permanent residence" ).

Hope this helps someone.


why do you think it would help anyone? Until it has been tried as a strategy it is just so much hot air.
Reply 4
Original post by bartw

Czy można się z Tobą bartw w jakiś sposób skontaktować?
Reply 5
I am in similar situation, I'm in my third year of receiving funding as a family member of a migrant worker. I'm married to a EEA national with a parmenent resident status BEFORE the start of my study. ( meaning she is no longer a migrant worker when my study began) At the beginning of the current academic year, my partner stopped working, I notify student finance England before the application was accessed. They agreed that, although she is not currently working, they are satisfy that she is a migrant worker exercising her treaty right. October payment was made and so is January. All of a sudden, I received an update that my application for funding has been withdrawn and I have been overpaid because her work is maginal and ancillary. (Whatever that mean.)Argument is that, SFE is well aware of her employment situation at the beginning of my studies, so it is not a case of her stopping work at the middle of the academic year. Partner is also not a migrant worker at the beginning of my studies. How can I be then class a family member of a migrant worker? Partner was also only unemployed for a month, she started working in November last year and works 16 hours per week.any advice please😟
Reply 6
Hello guys

I am strugguling at the moment to get maintanance loan because of this 3 years residency. However as reading these comments and other articles I realised that I might get something because my parents are working in the Uk. We are romanians and I dont know how to sort this out. Anyone who went through this, can you please tell me how you did it ? There is no official website where I can see something related to EU migrant worker.
I would appreciate any responses !
Thank you !

Quick Reply

Latest

Trending

Trending