The Student Room Group

Student Finance Rejected - Urgent Help Needed

Hi,
Student Finance England has rejected my application on the basis of residency. This loan is essential to me, especially since it includes the tuition fee loan too. Obviously, I understand this is not legal advice, I'm just asking for some general help here if possible.

I started my temporary absence in Switzerland in August 2021 to do the International Baccalaureate (IB) programme at an international school. It was a free placement, and my purpose for moving over there was for education. My stay in Switzerland was always meant to be temporary, solely for education purposes. Now, here's where things get complicated. As British citizens since birth, my family and I have always considered the UK as our true home and habitual residence. But when I applied for student finance through Student Finance England (SFE), they denied me access to tuition and maintenance loans. They claim that I don't meet the eligibility criteria for being "ordinarily resident" in the UK.Here are the specific criteria I fulfill, as outlined in the SFE eligibility guidelines (https://www.practitioners.slc.co.uk/media/1976/sfe-assessing-eligibility-guidance-ay-2324-v40.pdf) for being "ordinarily resident" in the UK:

* Lawful, habitual, and normal residence: The UK has been my primary residence for my entire life, except for the temporary stay in Switzerland for educational purposes.
* Retention of UK citizenship and valid UK passports: As British citizens, my family and I hold valid UK passports and have no citizenship ties to any other country.
* Continuous maintenance of property in the UK: Our family has continuously maintained a property in the UK since 2021, and beyond.
* Dual residency: The guidelines acknowledge that it is possible for a person to be ordinarily resident in two countries at the same time. I meet all the criteria for this, with clear evidence of my residency history, strong connections to the UK, and regular return trips to the UK.

I believe two things are true here. Firstly, I was in Switzerland on a temporary basis (although the legal considerations to this are hazy), and secondly, I have maintained my residence in the UK. At the very least, I should be considered dually resident.

I've provided SFE with substantial evidence supporting my claim, including a list of my residency history, a signed letter from my school confirming my temporary absence, my temporary visa, my mother's P60 forms, and bank statements with a UK address. Plus, I even showed them flight details that prove I made regular return trips to my home in the UK. I never opened a bank account or worked in Switzerland, as they seem to believe.The most frustrating part is that five different UK universities independently recognized my home fee status during my applications. Yet, SFE continues to ask for the same evidence, causing unnecessary delays and confusion.Brexit has added an extra layer of complexity to my situation, and I feel like I'm caught in bureaucratic limbo.I'm currently holding an offer to study Computer Science (that's why I'm here lmfao), I'd need the tuition fee loan to make it happen. It's my dream course.

Student Finance has been useless, they have asked for the same evidence repeatedly (even after I provided it), ignored me on multiple occasions, and have constantly contradicted themselves. I genuinely feel that SFE has not thoroughly reviewed my application and has overlooked the evidence presented, which directly supports my claim for student finance.Has anyone else faced a similar situation or know someone who has? Do you have any advice on how to navigate this student finance mess? Should I consider seeking legal support to appeal their decision? Any tips, guidance, or experiences would be greatly appreciated.I'm feeling so frustrated and anxious right now, and I'm not sure what my next steps should be.

Many thanks!
(edited 8 months ago)
Original post by dw5
Hi,
Student Finance England has rejected my application on the basis of residency. This loan is essential to me, especially since it includes the tuition fee loan too. Obviously, I understand this is not legal advice, I'm just asking for some general help here if possible.

I started my temporary absence in Switzerland in August 2021 to do the International Baccalaureate (IB) programme at an international school. It was a free placement, and my purpose for moving over there was for education. My stay in Switzerland was always meant to be temporary, solely for education purposes. Now, here's where things get complicated. As British citizens since birth, my family and I have always considered the UK as our true home and habitual residence. But when I applied for student finance through Student Finance England (SFE), they denied me access to tuition and maintenance loans. They claim that I don't meet the eligibility criteria for being "ordinarily resident" in the UK.Here are the specific criteria I fulfill, as outlined in the SFE eligibility guidelines (https://www.practitioners.slc.co.uk/media/1976/sfe-assessing-eligibility-guidance-ay-2324-v40.pdf) for being "ordinarily resident" in the UK:

* Lawful, habitual, and normal residence: The UK has been my primary residence for my entire life, except for the temporary stay in Switzerland for educational purposes.
* Retention of UK citizenship and valid UK passports: As British citizens, my family and I hold valid UK passports and have no citizenship ties to any other country.
* Continuous maintenance of property in the UK: Our family has continuously maintained a property in the UK since 2021, and beyond.
* Dual residency: The guidelines acknowledge that it is possible for a person to be ordinarily resident in two countries at the same time. I meet all the criteria for this, with clear evidence of my residency history, strong connections to the UK, and regular return trips to the UK.

I believe two things are true here. Firstly, I was in Switzerland on a temporary basis (although the legal considerations to this are hazy), and secondly, I have maintained my residence in the UK. At the very least, I should be considered dually resident.

I've provided SFE with substantial evidence supporting my claim, including a list of my residency history, a signed letter from my school confirming my temporary absence, my temporary visa, my mother's P60 forms, and bank statements with a UK address. Plus, I even showed them flight details that prove I made regular return trips to my home in the UK. I never opened a bank account or worked in Switzerland, as they seem to believe.The most frustrating part is that five different UK universities independently recognized my home fee status during my applications. Yet, SFE continues to ask for the same evidence, causing unnecessary delays and confusion.Brexit has added an extra layer of complexity to my situation, and I feel like I'm caught in bureaucratic limbo.I'm currently holding an offer to study Computer Science (that's why I'm here lmfao), I'd need the tuition fee loan to make it happen. It's my dream course.

Student Finance has been useless, they have asked for the same evidence repeatedly (even after I provided it), ignored me on multiple occasions, and have constantly contradicted themselves. I genuinely feel that SFE has not thoroughly reviewed my application and has overlooked the evidence presented, which directly supports my claim for student finance.Has anyone else faced a similar situation or know someone who has? Do you have any advice on how to navigate this student finance mess? Should I consider seeking legal support to appeal their decision? Any tips, guidance, or experiences would be greatly appreciated.I'm feeling so frustrated and anxious right now, and I'm not sure what my next steps should be.

Many thanks!


Hi there,

It should state in the email from our assessors why they are unable to accept the evidence you initially sent or what else is required. If this is not clear, it is best to start a live chat on your account or call us so that an adviser can help you with that.

0300 100 0607

https://logon.slc.co.uk/cas/login

Thanks, Clare
Reply 3
There is no email or letter. I did phone you guys, but (unsurprisingly) it wasn't very helpful.

Original post by SFE Clare
Hi there,

It should state in the email from our assessors why they are unable to accept the evidence you initially sent or what else is required. If this is not clear, it is best to start a live chat on your account or call us so that an adviser can help you with that.

0300 100 0607

https://logon.slc.co.uk/cas/login

Thanks, Clare
Reply 4
Original post by SFE Clare
Hi there,

It should state in the email from our assessors why they are unable to accept the evidence you initially sent or what else is required. If this is not clear, it is best to start a live chat on your account or call us so that an adviser can help you with that.

0300 100 0607

https://logon.slc.co.uk/cas/login

Thanks, Clare

Hi Sfe,
Quick question; if I, as a UK national, have my citizens' rights protected by the Swiss Citizens' Rights Agreements (equivalent to the EU Withdrawal Agreement), am I eligible for Student Finance? Furthermore, will you actually honour my right to access Student Finance if I am eligible, or will I have to appeal in court? Your formal appeals process is shambolic by the way, and I cannot get a straight answer out of the call centre representatives.
I am due to start university in less than 3 weeks and am facing the real possibility of crippling poverty and debt to my family, or being forced to give up on university.
Many many thanks for your help!!! :smile:
(edited 8 months ago)
Original post by dw5
Hi Sfe,
Quick question; if I, as a UK national, have my citizens' rights protected by the Swiss Citizens' Rights Agreements (equivalent to the EU Withdrawal Agreement), am I eligible for Student Finance? Furthermore, will you actually honour my right to access Student Finance if I am eligible, or will I have to appeal in court? Your formal appeals process is shambolic by the way, and I cannot get a straight answer out of the call centre representatives.
I am due to start university in less than 3 weeks and am facing the real possibility of crippling poverty and debt to my family, or being forced to give up on university.
Many many thanks for your help!!! :smile:


Hi there,

You would need to contact us so we can check originally why you weren't accepted or if something else is needed. If you're unhappy with the decision you can appeal it but this process can take time as we're very busy entering peak time.

Thanks,
Claire

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