Student Bursary a Public Fund?

Hi,

I'm looking for an answer to this question but is a student bursary a public fund, when we enquired last it did not come under it but was seen as maintenance payments. as my wife who has no recourse to public funds (nrpf) Conditions.

I would like to add she applied through college and her passport was shown with the NRPF condition. Thanks.

CMOSUK wrote: ↑

Mon Sep 11, 2017 8:12 am

Hi,

I'm looking for an answer to this question but is a student bursary a public fund, when we enquired last it did not come under it but was seen as maintenance payments. as my wife who has no recourse to public funds (nrpf) Conditions.

I would like to add she applied through college and her passport was shown with the NRPF condition. Thanks.

I could really use help with this please as it has caused serious doubts on wether my wife can apply for ILR based on 6 years DLR. I have read the Praagraph 6 immigration rules, there is nothing about student bursary i have checked Her DLR documents including the notice of refusal and nothing says about her claiming benefits in general.

this is really worrying.

also has this been posted in the wrong forums? if so can it be deleted ill post on the ILR forums.

I also need to know is this a breach of immigration rules if it is a public fund and she has been claiming them?

Looking for a bit of advice on this please.

CR001 wrote: ↑

Mon Sep 11, 2017 12:04 pm

Detailed Public Funds Guidance (click)

Please note I have read this, the college are saying it is a public fund, but they are unsure whether this is a breach under immigration purposes.

If you could clarify on this matter I would very much appreciate it.

I will leave others to offer advice then but the guidance is VERY clear on what is considered public funds for immigration purposes.

Good luck.

CR001 wrote: ↑

Mon Sep 11, 2017 12:29 pm

I will leave others to offer advice then but the guidance is VERY clear on what is considered public funds for immigration purposes.

Good luck.

Thank you for your response.

I have read it many times and what I'm assuming is although student bursary is a public fund, for the purposes of immigration it is not though, would I be right in stating she is not breaching her immigration conditions as it would not be considered she was claiming this particular public fund for immigration purposes?

Again would like some advice on this if my understanding is correct. Thanks ever so much.

"This is not an exhaustive list. If you are in any doubt you must check the definition of public
funds in Paragraph 6 of the Immigration Rules, see related link. Where the benefit is not
included in Paragraph 6, it must not be considered as being a public fund for immigration
purposes.
National Health Service (NHS) treatment, state-funded schooling (academy and maintained
schools) and education in 16-19 academies are not considered to be public funds."

The bit I have highlighted blue is I'm hoping applies to the assumption above. Again any and all advice is welcomed and needed!!

I also have found this Info from the NRPF website click here

this ukcisa website is also stating student support would not be a public fund under paragraph 6 for the purpose of immigration click here

Hi
Me again, just for reference point, it would seem that my wife would be eligible for claiming benefits as.

1. There is no "No recourse to public funds' Condition applied to her DLR, and the fact that the DLR itself was granted before 9 July 2012.

2. According to the Discretionary Leave guidance. Those granted DL have recourse to public funds.

" 4.3 Recourse to public funds, work and study
Those granted DL have recourse to public funds and no prohibition on work. They are also
able to enter higher education. However, those on limited leave are not eligible for higher
education student finance under existing Department of Business, Innovation and Skills
regulations. In addition, a study condition applies to all adult temporary migrants granted DL
which prohibits studies in particular subjects without first obtaining an Academic Technology
Approval Scheme (ATAS) clearance certificate from the Counter-Proliferation Department of
the Foreign and Commonwealth Office (FCO). Those granted DL who are aged 18 or will turn
18 before their limited leave expires will, in addition to any other conditions which may apply,
be granted leave subject to the requirements set out Part 15 in the Immigration Rules."

Click here for the DL guidance, Section 4, 4.3.


3. This post is a reference point as well, as someone similar asks about it.
click here.

Hello,

Just another update, this time taken from the Home Office PES (Policy Equality Statement) for: Discretionary Leave. This further clarifies the definition "Have recourse to public funds. " of those that hold or have DL in place.

All those granted DL have full access to employment and access to benefits on the
same basis as British citizens and will have been living in the UK for at least two and
a half years under these conditions – in many cases considerably longer. It is
appropriate and entirely reasonable, to require them to pay a fee to extend their
leave to remain in the UK in the same way as any other migrant. The fee reflects the
cost of processing their applications and the benefits conferred from legally residing
in the UK. FAS applying for leave in order to exercise an ECHR right, such as on the basis of their family or private life, can apply for the fee to be waived under the fee
waiver policy in the same way as any other migrant.



This can be found here, click here, click the PES document and on page 8 - 9, near the bottom of page 8 mostly.

I would also request the mods or a admin if the title of this thread could be changed to "Student Bursary a Public Fund while. On DLR Visa? " or something similar as the documents presented and references are mostly in regards to DLR visa category holders.

I would also like to update this thread if I get more information.

And I hope this is helpful and maybe used as a reference point for people.

Would like others input if possible please.


In the meantime I have asked some questions to the college in general regarding this as I feel this is a matter the college should know, they have made an enquiry with the student fund manager that handles 3 colleges in Glasgow's finances to students. (I won't give names).

From what they said they are aware of this clarification and I have also sent an appropriate email to that manager regarding this and hopefully it will shed some light.

Again would like some senior members to have a wee look (pun intended) and let me know ow of their thoughts and understandings. Thanks

No one lol?

ah, oh well. Would appreciate if this thread is worthy of sticky to help people looking for this kind of info.

Still waiting on confirmation from the manager in regards to the question i asked about.

Hello,

Just wanted to post an update, I spoke to a recommended immigration adviser and ask him in regards to student bursary and his response was "it doesn't count as a public funds" and it wouldn't be a problem.

Again this is my experience and it just to help others for reference points only, if you are unsure then please seek professional advice.

Hello,

Just another wee update in regards to student support or bursary.

I phoned up UKCISA and confirmed with them by asking whether student support of any type such as bursary would breach immigration rules.

He said first of all student support or bursary is not a public fund for the purpose of immigration and that there is a very specific set list of what is a public fund under paragraph 6 of the Immigration Rules. She would would not be in breach of immigration rules.

I would also like to say that the UKCISA is OISC registered.

I know I keep going about this but I felt it was important to get the right info and I hope my Information is accurate enough to be valid. Thanks again and please free to correct me at any time.

Hello,

Just another little update, this time in regards to claiming public funds if you have DLR. I phoned up a charity immigration centre which helps with immigration matters and i asked them this question wether having DLR before 9 July 2012 changes entitled the visa holder on this category to claim public funds without breaching their immigration control.

Their response was, This type of DLR is now considered the OLD DLR and yes with the OLD DLR you have recourse to public funds and it wouldn't be a problem if your were claiming student bursary or support. I should also add as long as it does not state anywhere on your BRP or documents "no recourse to public funds".

This is their website click here

hope this helps.....

Just another wee update from the UKCISA website, please note this is in regards to students resident Scotland.

Click here for website