A friend of mine who is a european student got rejected, is there a form to fill in if you want to appeal or do you write to the local authority? He has been in this country for 3 years and 7 months, he proved he was here in 2005 since he got a national insurance card and applied for goverment funds and has showed them proof but they rejected him because apparently it isn't enough. Lol. Anyway, anyone know what he should do? His LEA is a bunch of retards.
Care to provide me with a bit more info? Such as which country he came from. It could be that he didn't come here as a migrant worker, but I'd need to establish things from an LEA viewpoint before I can really say much. Can you just clarify for me:
1 - His reasons for coming to the UK.
2 - Whether or not he returned home for any period of time to live between 1st September 2005 and 1st September 2008.
I do assessments for a local authority, so with some additional info I'll be able to relay back to you whether it's worth an appeal and then could point you in the right direction.
It's a bit tricky, but from that information I'd say yes, he is eligible for support. He's clearly stated that he came to the UK for employment reasons. The only reason I could think that they would turn him down is if he arrived here after 1st September 2005. If that was the case, then he has to actually be working during his course, even if it's only a few hours a week. I'd also recommend forwarding his P60's, either the originals or clear photocopies. These would demonstrate that he'd been in employment before the course began.
I think in the meantime while this gets sorted, he applies to the EU Team for his fees. When his LEA are happy with the information, they will just get his account transfered back to them and process his full support. I'm a bit surprised the LEA haven't been more explicit in the information they need.
Also a bit shocked at the information given by the EU Team, especially as they cause the majority of ****-ups. They were rude to me the other week wanting an Iranian student we had turn down transfered to them. Last time I checked, Iran was not in Europe, and he didn't meet any of the other criteria.
Just a letter is fine, there's no standard appeal form.
Basically, the residence period is looked at for the 3 years prior to year 1 of the course. If he was able to demonstrate that he was here before 1st September 2005 and had been working for the 3 years between, he'd be eligible for full support regardless. Proof he had been working before then should be enough. I'm unable to find the exact bit in the regulations as I'm not in the office currently, but I've a feeling that if he came over here and claimed JSA before finding employment then that would be the reason.
Usually, if someone from the EU doesn't meet the 3 years before and been working for that period of time, then they must continue to work at least part-time during their course, or their most recent employment was related to the course that they were studying.
I'm not back in the office until Monday, but I'll try and help from my non-stickied copy of the SSR's until then.
Just state that you wish to query their decision, and I recommend you set a timeline for them to contact him within. Probably allow about 15 days, making a note that if your query has not been resolved in that time you will forward your letter to your MP. Managers hate MP's letters, even if the LEA have made a correct decision. So much so, that the head of department will usually deal with the query.
Might also be worth asking them what he could do to become eligible for support if anything. My understanding and interpretation of the regs is that he could get support if he works whilst he studies.
Hi, I'm a final year student and I've recently been refused financial support. Last year, after a long struggle, I finally got student money. This year, however I changed jobs. Because I'm working on a casual basis, not a structured part-time, I was denied help. I have proven to them that I work a similar amount of hours every week. The only difference is that my contract says I haven't got a contracted amount of hours per week. However, I do end up working around 20hs week and tbh, I'm cracking up. I can't manage studies in my final year and this much work. I'm in serious trouble. Can you help me? Do you know how can I appeal?
Noticed there were some changes added to the Assessing Eligibilty Guidance document the other week. Need to revisit those and take a look.
hello..first of all!
i was carefully reading all the threads regarding this topic and I think I have something to add.
My case is similar to the one mentioned before, I'm in my final year..and the previous 2 years I got the loans and the grant as well.
With the new migrant worker team things seem to change.
Just today I got a letter saying that my application has been rejected and now i give you the relevant quotes:
"The european community definition of worker is contained in european case law and can be summarised as meaning a person engaged in "genuine and effective economic activity, excluding activities which are purely marginal and ancillary".
"...you currently don't meet the community definition of worker and therefore are not eligible"
-P60 and payslips from 2006-7
-in 2008 I was on a semster abroad and when I came back I couldn't find a job
-Payslip and P45 from job I did from June-August 2009
-Payslip and Work contract from current job (appr. 20h a week)
-Letter of voluntary work I did for a media Company over the last couple of years
the cut is fresh! I hope somebody can give me a good advise what to do now..it's really appreciated!
Currently awaiting further BIS(Ex-DIUS) guidance on the issue. TSR will know asap.
thanks for getting back to me that quick! I hope there is still something I can do! get a new job or appeal to the decision in a certain way!
its my final year and part of my course is a 20h per week work placement in the media industry...to manage that plus finnishig my course and a part-time job is impossible.especially in london.
thanks for the reply!
I checked the guidelines before I applied and it stated that as long as I used to have a job prior ro the beginning of my course and as long as I'm employed I am eligible to the loan .
I didn't ecpect the brake down the whole definition of "worker".
Do you think that getting a fullt time job would change something?
It also stated on the letter I received:
"..in each case , an assesment of the objective factors relating to the nature and duration of the employment must be carried out in order to determine eligibility for maintenance support"
For me this reads like: " whatever job you get from here on...it would still not be enough!"
Do you think there is any chance that my appeal could be succesfull? maybe if I have a full time job? I'm also helping out an elderly lady right now with all kinds of jobs around the house...for accomodation..does that count for anything?
That should count. After all, the work doesn't need to be paid in cash.
But I currently have a part time job as well..and that doesn't count.
Do you have anymore infos on that? other cases?
Once I've heard back from our people, I'll post up here, but that is work I'd have taken into account previously.