UK Citizen not eligible for loans

I am disgusted that my daughter is not eligible for student loans.
She is British and holds a British Passport. I became an expat years ago (yes my choice) and my daughter was born in Spain however I have ensured that she has had a British education and has attended British Schools always with the intention of her attending Uni in UK and resettling and working there. I am flabbergasted to now find out that due to her having not been "resident" in UK she is not entitled to Student Finance. She cannot study in Spain either as has A levels and not Bachillerato. Surely this is discrimination? I understand that she could apply as an EU Student even though she is British but then still would not qualify for Maintenance loans. Really dumbfounded by it all and not at all happy with this situation as totally unexpected. Is anybody else in the same situation? I can help finance my child to a degree but have 2 children and there is no way I can cover all their living costs for 3 years. Any advice from anyone greatly appreciated. TIA.

Reply 1

PQ

Clearing and Applications Advisor

21

Original post by Nikki Revell

I am disgusted that my daughter is not eligible for student loans.
She is British and holds a British Passport. I became an expat years ago (yes my choice) and my daughter was born in Spain however I have ensured that she has had a British education and has attended British Schools always with the intention of her attending Uni in UK and resettling and working there. I am flabbergasted to now find out that due to her having not been "resident" in UK she is not entitled to Student Finance. She cannot study in Spain either as has A levels and not Bachillerato. Surely this is discrimination? I understand that she could apply as an EU Student even though she is British but then still would not qualify for Maintenance loans. Really dumbfounded by it all and not at all happy with this situation as totally unexpected. Is anybody else in the same situation? I can help finance my child to a degree but have 2 children and there is no way I can cover all their living costs for 3 years. Any advice from anyone greatly appreciated. TIA.

If she moves back to the UK to work for a year before university then that will normally be seen as evidence that her stay outside the uk was temporary (while she was too young to live alone).

Reply 2

Nikki Revell

OP

2

Original post by PQ

If she moves back to the UK to work for a year before university then that will normally be seen as evidence that her stay outside the uk was temporary (while she was too young to live alone).

Thanks for that PQ - unfortunately after having trawled through endless pages of information it seems that she would have to live in UK a minimum of 3 years to qualify.

Reply 3

PQ

Clearing and Applications Advisor

21

Original post by Nikki Revell

Thanks for that PQ - unfortunately after having trawled through endless pages of information it seems that she would have to live in UK a minimum of 3 years to qualify.

That's not the case. If she can prove that her stay in Spain was always intended to be temporary (by moving back and working) then her ordinary residence would have remained as England.

https://www.ukcisa.org.uk/ are experts in fee status and student support regulations.
https://www.ukcisa.org.uk/Information--Advice/Fees-and-Money/Government-Student-Support#layer-6193 explains the regulations
https://www.ukcisa.org.uk/Information--Advice/Fees-and-Money/Government-Student-Support#layer-6212 lists the definitions of ordinary residence (with links to case law the section on "Voluntarily adopted and children's residence" in the case law is relevant to your daughter's case)
eta: I missed the "born in Spain" thing...it might still be possible to argue ordinary residence if she has ever lived in the UK while growing up.

(edited 5 years ago)

Original post by Nikki Revell

I am disgusted that my daughter is not eligible for student loans.
She is British and holds a British Passport. I became an expat years ago (yes my choice) and my daughter was born in Spain however I have ensured that she has had a British education and has attended British Schools always with the intention of her attending Uni in UK and resettling and working there. I am flabbergasted to now find out that due to her having not been "resident" in UK she is not entitled to Student Finance. She cannot study in Spain either as has A levels and not Bachillerato. Surely this is discrimination? I understand that she could apply as an EU Student even though she is British but then still would not qualify for Maintenance loans. Really dumbfounded by it all and not at all happy with this situation as totally unexpected. Is anybody else in the same situation? I can help finance my child to a degree but have 2 children and there is no way I can cover all their living costs for 3 years. Any advice from anyone greatly appreciated. TIA.

Hi Nikki,

UK nationals are not eligible for funding as home students if they have never resided in the UK prior to exercising their Right to Roam within the EU, EEA or Switzerland. Unless your daughter lives the full three years prior to the start of her course in the UK, she will only be eligible for EU funding (given that the three years prior are in the EU, EEA or Switzerland).

This is a criterion for all students within the policy context and legislative framework laid down by the government.

I appreciate that this is not an ideal situation and I am genuinely sorry that she is not receiving the result you had hoped for. In this circumstance, she can speak to her university to see if they can offer a bursary or grant.

Thanks,
Nihad

Reply 5

LeapingLucy

19

Original post by Nikki Revell

I am disgusted that my daughter is not eligible for student loans.
She is British and holds a British Passport. I became an expat years ago (yes my choice) and my daughter was born in Spain however I have ensured that she has had a British education and has attended British Schools always with the intention of her attending Uni in UK and resettling and working there. I am flabbergasted to now find out that due to her having not been "resident" in UK she is not entitled to Student Finance. She cannot study in Spain either as has A levels and not Bachillerato. Surely this is discrimination? I understand that she could apply as an EU Student even though she is British but then still would not qualify for Maintenance loans. Really dumbfounded by it all and not at all happy with this situation as totally unexpected. Is anybody else in the same situation? I can help finance my child to a degree but have 2 children and there is no way I can cover all their living costs for 3 years. Any advice from anyone greatly appreciated. TIA.

It’s not discrimination - UK Student Finance is funded by taxpayers resident in the UK, not “British citizens” (as many UK taxpayers are not British citizens, and many British citizens like yourself live abroad and are not UK taxpayers)

Therefore it is for the benefit of UK residents, not for “British citizens”.

I am very sorry for your daughter’s situation, but the only person to blame is yourself for not properly researching the implications of residing outside the UK. You will need to work out how to independently fund her maintenance costs. Her university may be able to help.

(edited 5 years ago)

Reply 6

Doones

21

Original post by Nikki Revell

She cannot study in Spain either as has A levels and not Bachillerato.

I'm sure there are UK students with A-levels studying in Spain.

Have you also looked at Scottish universities? If she is being treated as EU not RUK she will get free tuition.

And another one to consider is Ireland.

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UK Citizen not eligible for loans

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