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3 or 5 years residence

Hello,

I have always had the British nationality but I have always lived in Spain. I arrived in the UK on the 25th of September of 2014 to do my A-levels and I was told by the school that in order to be eligible for a maintenance loan I would have to take a gap year. However, as I arrived on the 25th of September and not on the 1st I would have to take 2 gap years. I have emailed all of my universities regarding my fee status and I have been classified as an EU/Home student, as a Home student or as an EU student. I have phoned student finance many times throughout the year without getting a definite answer. My teachers don't know how to advice me or what I should do next. I completed the SFE application about a month ago and I would like to know if the change in legislation which states that 5 years is the minimum residency requirement applies to me. If not, would I be eligible for a maintenance loan for the 2018/2019 year if the course I am applying for doesn't start until the 25th of September? Could I defer my university application to receive the maintenance loan?

This situation has been very stressful and demotivating for me and I have even considered going abroad.

Thanks
Reply 1
Original post by SureyaW
Hello,

I have always had the British nationality but I have always lived in Spain. I arrived in the UK on the 25th of September of 2014 to do my A-levels and I was told by the school that in order to be eligible for a maintenance loan I would have to take a gap year. However, as I arrived on the 25th of September and not on the 1st I would have to take 2 gap years. I have emailed all of my universities regarding my fee status and I have been classified as an EU/Home student, as a Home student or as an EU student. I have phoned student finance many times throughout the year without getting a definite answer. My teachers don't know how to advice me or what I should do next. I completed the SFE application about a month ago and I would like to know if the change in legislation which states that 5 years is the minimum residency requirement applies to me. If not, would I be eligible for a maintenance loan for the 2018/2019 year if the course I am applying for doesn't start until the 25th of September? Could I defer my university application to receive the maintenance loan?

This situation has been very stressful and demotivating for me and I have even considered going abroad.

Thanks

As an EU student, you must have been resident in the UK for five years before the start of your degree to get both the Tuition Fee Loan and Maintenance Loan. However if you submitted your application before the 24th March deadline, that will be three years.

BUT if you only moved to the UK to go to do A Levels, rather than, for example, moving here with a parent who came to work here, then none if your time in the UK to date will count as "residence" towards your SF entitlement years.

You came to the UK on 25th September 2014. Assuming that your degree start date is 26th September or later (and beware that some will be earlier in September), there are the following scenarios depending on your circumstances:

1) If you moved to the UK solely to do your A Levels, you will not qualify for the Maintenance Loan under any circumstances, regardless of how many years of residence you build up. You would have to move back to Spain for a while, then move back to the UK for e.g. work, in order to start building up qualifying years of residence. Assuming you would move back to Spain for a year after your A Levels, the earliest point at which you would qualify for both the Tuition Fee Loan and Maintenance Loan, would be 2022 (2016+1+5). You would have to reapply for uni in 2021/22.

2) If you moved to the UK for reasons other than just A Level study and submitted your application before the end of 24th March, then you would first qualify for the Tuition Fee Loan plus the Maintenance Loan in 2017. You could ask your uni to defer your place for a year.

3) If you moved to the UK for reasons other than just A Level study and submitted your application after the end of 24th March, then you would first qualify for the Tuition Fee Loan plus the Maintenance Loan in 2019. You could not defer a uni place for this long and would have to reapply in 2018/19.

If your degree course starts before 25th September, then you should add 1 year to all of the above dates. But if you are dependent on getting the Maintenance Loan, then you will not be able to go to uni in the UK this year.
But, if you are not eligible for UK finance, you may still be eligible for help from Spanish sources.

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