Not Eligible for Student Finance

I applied for student finance, I have indefinite leave to remain in UK in October 2017 but my husband is a British Citizen. I applied under EEA but application status shows “Not eligible for student finance”. Pls can someone advice me before I put in for appeal. Thank you.

Original post by MFDickson

I applied for student finance, I have indefinite leave to remain in UK in October 2017 but my husband is a British Citizen. I applied under EEA but application status shows “Not eligible for student finance”. Pls can someone advice me before I put in for appeal. Thank you.

Hi MFDickson,

In order to assist with your query and why you have been deemed ineligible can you confirm some further information please?

When is your course due to start ? and did you apply to Student Finance England as a home student or did you apply to the EU Team as an EU/EEA student?
Can you also confirm if you applied as spouse of and EU/EEA Migrant worker?
Also you have advised that you were granted Indefinite leave to remain in October 2017,how many years have you been resident in the Uk ?

Thank you

Louise

Reply 2

MFDickson

OP

6

Hi Louise,

Thank you for your quick response.
. My course has already started Sept 2017.
. Apply applied as a spouse of an EU/EEA member
. I have been in the UK over 6years
. A lady in Student Finance Office advised me to change my application to Migrant Worker, while I told her that how can my husband be a migrant worker while he’s a citizen of this country UK. She said if I don’t do that nothing will be done to my application. Having no other choice, I had to do it.
. SF now refused on Migrant worker. Even while my husband stated in his letter to SF THAT HOW CAN HE BE A MIGRANT WORKER while he’s UK citizen.

Thank you

Original post by MFDickson

Hi Louise,

Thank you for your quick response.
. My course has already started Sept 2017.
. Apply applied as a spouse of an EU/EEA member
. I have been in the UK over 6years
. A lady in Student Finance Office advised me to change my application to Migrant Worker, while I told her that how can my husband be a migrant worker while he’s a citizen of this country UK. She said if I don’t do that nothing will be done to my application. Having no other choice, I had to do it.
. SF now refused on Migrant worker. Even while my husband stated in his letter to SF THAT HOW CAN HE BE A MIGRANT WORKER while he’s UK citizen.

Thank you

Hi MFDickson,

I am sorry for the misleading information that you have previously been given that you could apply as the Spouse of an EU/EEA Migrant worker. As you are now aware if the spouse/civil partner or family member is a UK National the student will not be able to apply for funding as a Migrant Worker.
As you were also granted Indefinite leave to remain after that start of your course you would also at this time not be eligible for funding on a September 2017 start course.

Student Finance regulations state that the students must have Indefinite Leave to remain prior to the first day of the first academic year of their course and be ordinarily resident in the UK for 3 years prior to the first day of the first academic year of the course.

I hope this clarifies as to why you were deemed ineligible for student finance for your September 2017 application.
However you may now be eligible to apply for either a February /March 2018 start course for academic year 17/18 or apply again for September 2018. If that is something you may wish to consider as your indefinite leave to remain would be granted prior to the first day of the first academic year of your course and you already have the 3 years residency.

Thanks

Louise

Reply 4

MFDickson

OP

6

Hi Louise,

But can i apply as a family member of an EU/EEA? You have not addressed this point.

(edited 6 years ago)

Reply 5

MFDickson

OP

6

Hi Louise,

The issue I would like to help with is the issue of Family member of EU/EEA. Thank you

Original post by MFDickson

Hi Louise,

The issue I would like to help with is the issue of Family member of EU/EEA. Thank you

Hi MFDickson,

To be eligible as a family member of an EEA/EU national, the EEA/EU national can't be a UK citizen unfortunately.

Kind regards,

John.

Reply 7

MFDickson

OP

6

Hi John,

Pls can you enlighten me more if UK is not a member of EEA or is there anywhere is written in the eligibility criteria. Or are we making “bedroom law”.

Reply 8

MFDickson

OP

6

Hi John,

Pls go to this web page: https://www.gov.uk/student-Finance/who-qualifies.

Pls kindly point out to me where it says that if you are UK National, you are not a member of EEA WHEN IT COMES TO STUDENT FINANCE.

Thank you for your help.

Reply 9

MFDickson

OP

6

Original post by MFDickson

Hi John,

Pls go to this web page: https://www.gov.uk/student-Finance/who-qualifies.

Pls kindly point out to me where it says that if you are UK National, you are not a member of EEA WHEN IT COMES TO STUDENT FINANCE.

Thank you for your help.

Pls who can help on this issue

Original post by MFDickson

Hi John,

Pls go to this web page: https://www.gov.uk/student-Finance/who-qualifies.

Pls kindly point out to me where it says that if you are UK National, you are not a member of EEA WHEN IT COMES TO STUDENT FINANCE.

Thank you for your help.

Hi MFDickson,

My apologies for any confusion.

To clarify, while the UK is part of the EU/EEA, the criteria for funding as the family member of EU/EEA national is that the EU/EEA family member is a Migrant Worker. This is why they can't be from the UK as they can't be classed as a Migrant Worker. Here is a bit more information on Migrant Worker eligibility.

Kind regards,

John.

Reply 11

MFDickson

OP

6

Hi John,

Thank you for your reply. Where you directed me to, is different from what you are saying. It’s stated clearly in 2017/2018 funding and I quote:

“Students beginning study in the 2017/18 Academic Year

The rules applying to EU nationals, or their family members, who are applying to study a course which starts in the 2017/18 Academic Year and which attracts student support, are also unchanged. The SFE will assess these applications against existing eligibility criteria, and will provide loans and/or grants in the normal way. EU nationals, or their family members, who are assessed as eligible to receive grants and/or loans by the SFE in the 2017/18 Academic Year will be eligible for this support and for home fee status for the duration of their study. These eligibility criteria set out that for students beginning study from August 2017, EU nationals must have been resident in the UK for at least five years or be EEA migrant workers in order to apply for a maintenance loan.”

EU nationals must have been resident in the UK for at least five years
OR
be EEA migrant workers in order to apply for a maintenance loan

YOU EITHER BR EU NATIONAL OR MIGRANT WORKER

Pls this is not AND but OR. This means either this or that.

Pls kindly clarify

Reply 12

MFDickson

OP

6

Hi John,

If a MIGRANT can be qualified after living in the UK for 5 years. The CITIZEN of that country should have more privilege than a migrant.

Reply 13

MFDickson

OP

6

Hi John,

An EU National who has been resident in UK for at least 5 years does not need to be a EEA migrant workers.

The route for Migrant Workers only require to have been in UK for 3 years before the first day of the first academic year of the course. This is where the hours and amount is necessary to be assessed to be qualified because of their short stay of 3 years.

Pls kindly enlighten me on this.

Regards

Reply 14

MFDickson

OP

6

Hi John,

Pls read this again, I’m really sorry bothering you but I need this to be sorted out:

“Students beginning study in the 2017/18 Academic Year

The rules applying to EU nationals, or their family members, who are applying to study a course which starts in the 2017/18 Academic Year and which attracts student support, are also unchanged.

The SFE will assess these applications against existing eligibility criteria, ....

These eligibility criteria set out that for students beginning study from August 2017, EU nationals must have been resident in the UK for at least five years or be EEA migrant workers in order to apply for a maintenance loan.”

Thank you, pls I will be expecting your reply on this issue.

MFDickson

Original post by MFDickson

Hi John,

Pls read this again, I’m really sorry bothering you but I need this to be sorted out:

“Students beginning study in the 2017/18 Academic Year

The rules applying to EU nationals, or their family members, who are applying to study a course which starts in the 2017/18 Academic Year and which attracts student support, are also unchanged.

The SFE will assess these applications against existing eligibility criteria, ....

These eligibility criteria set out that for students beginning study from August 2017, EU nationals must have been resident in the UK for at least five years or be EEA migrant workers in order to apply for a maintenance loan.”

Thank you, pls I will be expecting your reply on this issue.

MFDickson

Hi MFDickson,

No need to apologise, we're more than happy to help you with this issue.

There's basically 4 routes here:

1) If you're a national of outside of the EU/EEA/UK and have been resident with a lawful residency status in the UK for the 3 years prior to the first day of the first academic year of the course, and have ILR before the first day of the the first academic year, you can apply for funding yourself.

2) If you're an EU/EEA national and have been resident in the UK for 5 years, you can apply yourself.

3) If you're an EU/EEA national, have at least 3 years residency in the UK and are working in the UK, you can apply as a Migrant Worker yourself.

4) If you're a national of outside the EU/EEA/UK and your spouse/parent/step-parent is from the EU/EEA and working in the UK, you can apply as the family member of an EU/EEA family member of a Migrant Worker.

So in order to be eligible for Student Finance as national of a non EEA/EU national, you must have your Indefinite Leave to Remain (ILR) before the first day of the first academic year of your course. So the first route is unavailable.

Routes 2 and 3 are only available to students who are EU/EEA nationals themselves.

Route 4 is to be the family member of an EEA/EU Migrant Worker. The EU/EEA Migrant worker can't be from the UK as they would not be classed as a Migrant Worker. The 5 year residency rule is for EU nationals applying for finance, this route doesn't involve family members.

So in this situation, if your partner was to apply for finance themselves, they would be eligible for student finance as a UK national and they would't have to go down any EU route. As you're not from the EU and your partner is from the UK, there is no EEA/EU route available.

I hope this helps clarify things.

Kind regards,

John.

Reply 16

MFDickson

OP

6

Hi John,

Pls are these routes written anywhere within SFE or are they department routes accessible only to SFE? Pls kindly direct me to where they are in Eligibility Requirement by UK Government.

Thank you

Original post by MFDickson

Hi John,

Pls are these routes written anywhere within SFE or are they department routes accessible only to SFE? Pls kindly direct me to where they are in Eligibility Requirement by UK Government.

Thank you

Hi MFDickson,

The eligibility criteria is available online. Here is a good website that seems to break it down quite well.

Kind regards,

John.

Reply 18

MFDickson

OP

6

Hi John,

Unfortunately, this is an individual interpretation, this is not a government website or SFE. Moreover the routes are not detailed.

Alternatively, can you refer me to a court judgement on this issue.

Regards

Reply 19

MFDickson

OP

6

Hi John,

Student Finance England never accept in Beaurish Tigere’s case until it issued was resolved in High Court. I think this is another case that would get to High Court.

Regards

Not Eligible for Student Finance

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