MIgrant worker application - evidence

Hi,

My application for student finance as a migrant worker was just declined due to the fact that I wasn't a resident in England on the 1st day of my course (01/09/2014). But I have some issues with this, and I'm wondering if there is a solution to this.

First of all, my course started on the 15th of September, not the 1st, but according to SFE regulations they consider the 1st of September as the first day of the course. I arrived in England and lived here in the summer of 2014, before the 1st of September, but I stayed with a relative until the 13th of September when my university accommodation was available to move into. The problem is, I don't know how to prove that I was here, since I don't have a contract or anything for my stay before the 13th of September.

Please let me know if there is a solution to this. Or if somehow I can still try and get the loan with me actually being in student accommodation two days before the start of my course, so technically I can prove through this that I was in the UK before starting my course.

Thank you!

Hi oxcahyni,

EU Nationals studying in England who don't have the relevant years residency within the United Kingdom will be eligible to apply for a Tuition Fee Loan as an EU student. In order to apply they must meet the following residency criteria:

Your university will have listed the first day of the course on a database we share, you need to be in the UK on or before that date.

Check your official start date with the university.

If you were resident in the UK by that date you can send in a handwritten letter, with your name and customer reference number, signed and dated, confirming the address you were living at, from when you arrived until moving into student accommodation and send copies of flight tickets, boarding pass for example, if that is the only evidence that you have.

This will be reviewed by an assessor.

Thanks Rona

Hi and thank you for the reply!

The university course date is 15th of September, but I called SFE yesterday and I was told that for SFE the start of the course is 1st of September, which doesn't make sense, because that is not the actual start of the course. So I meet the criteria for the actual start of the course (15th of September - since I can get a copy of my residency contract from the university which started on the 13th of September), but I don't meet the criteria based on this rule set by SFE.

It doesn't make sense to me, because I meet literally all the criteria, yet I'm still refused student finance as a migrant worker. Surely it isn't fair to be refused because I can't prove that I was here before the 1st of September. In fact, most students will come to the UK a few days before the course starts, so technically, if you consider only people who arrived before the 1st of September, almost nobody would get a loan.

And also, it has been more than 3 years since I arrived in the UK. I really didn't keep boarding passes or anything since then.

Thank you!

Hi oxcahyni,

Let me ask you another question, you said you only arrived in the UK on September 1 2017, then later you say you have been lliving in the UK for 3 years, can you clarify please ?

To be eligible for support as a Migrant Worker (MW), it is different eligibility than that of an EU student.

In order for MW students to be eligible, as a migrant worker, you must also be ordinary resident in England or Wales on the first day of the first academic year of their course.

To understand what we mean by Academic Year, if your course started on September 15, then your academic year, for assessment purposes is September 1st.

That means if you did not arrive in the UK until September 13, you are not eligible to apply as a Migrant Worker for this course.

If you were starting on a course for example that starts in February 2018, for assessment purposes, that is academic year January 1, 2018 then you would meet the eligibility to be assessed as a Migrant Worker for that.

For your current course with an academic year that starts on September 1, as you have been resident in the UK for the first day of the course (not the academic year), you are eligible to apply as an EU student, you will be eligible to apply for a Tuition Fee Loan only.


Thanks Rona

I never sad that I came in September 2017. I came here in September 2014. Okay but that rule doesn't make sense, also because most EU students will arrive in the UK a few days before the course starts, not weeks or months before. And accommodation for students provided by the university is usually available the week before the course starts. So in this case, almost nobody will get finance as a migrant worker, despite technically meeting all the criteria.

But anyway, thanks for your help!

Hi oxcahyn,

Just to clarify have you been living and working in the UK for three years and not here for September 1st, because of a holiday ?

How long were you away for and did you return to EU or elsewhere ?

Did your employer release you to go on holiday and did you return to the same job on your return ?

You are correct EU students applying as an EU student for the tuition fee only, normally do not come to the UK until a few days prior to start date of their course and that's okay, they only need be here for that date, the first day of their course.

If you want to apply as a Migrant Worker and say that you are working in the UK, and will continue to work throughout your course, then you need be in UK for the first day of the academic year.

Thanks Rona

Well basically my course started on the 15th of September 2014. It's a 4 year course because I did a foundation year as well. I have moved into student accommodation on the 13th of September 2014. I have worked at least 20 hours every week (but usually more) since November 2014. So I have lived, studied, and worked in England for more than 3 years now. Until now, when I'm in my final year of university, I didn't need/want a maintenance loan. But now in my final year of university, due to it being my most important year, I wanted to be a bit more financially secure so I don't have to worry about anything but my course. I would still work, just not more than 20 hours a week, so I have more time to study. That is why, I decided to apply for a maintenance loan, and my only option was a loan as a migrant worker. And I was in England on the actual first day of my course (15/09/2014) and I can also prove that since I stayed in university accommodation and can ask for a copy of my tenancy agreement. But the issue is, that only started on the 13th of September, and before that I had to stay with someone because I couldn't move into student accommodation yet. So for my stay before that, I can't prove I was here since I didn't have any official documentation (since it was just a relative of mine living in England).

But anyway, the point is that I met all the requirements for a loan as a migrant worker, but still didn't get the loan due to this rule of having to have been here on the 1st of September (rather than on the actual start day of the course). I hope that all makes sense.

Hi oxcahyni,

I am sorry that you do not meet the criteria to be assessed as a Migrant Worker.

In order for MW students to be eligible as MW they are not only required to meet the standard 3 years residency, they must also be ordinary resident in England or Wales on the first day of the first academic year of their course.

If the student provides conflicting information on their application which shows they may not be ordinary resident on the first day of the first academic year of their course or they have advised us that they moved to England or Wales no less than 7 days before the date required we will request one of the following pieces of evidence:-

If the student is unable to send any of the above they should send in anything that they deem suitable to support that they have been ordinary resident in England or Wales, this will be reviewed on a case by case basis.


Regards Rona

But I WAS in England on the first day of my course, and I can prove this. My course started on the 15th of September 2014, and I was in Manchester from the 13th of September 2014 ...