Adult education funding- eligibility for Non EU family members with presettled status

andes66 · Post by **andes66** » Wed Dec 08, 2021 6:07 am

Dear Members,

I wanted your advise on funding eligibility rules that are set for Further Education Colleges.

My Non EU family member has received presettled status in Feb 2021, she has been trying to enroll on ESOL courses but was told by the regional college that she should have been ordinarily resident in the UK and/or EEA for at least the previous 3 years on the first day of learning.

This was the rule that was quoted
" https://www.gov.uk/guidance/adult-educa ... 21-to-2022. On page 15 you will see the eligibility rules stating students need to be living in UK for three years before the start of the course to be eligible."

I wonder whether there are others who are in the same position?

While EU family members who have been resident in a EU country (for 3 Years) are allowed to have access to free or subsidised adult education courses, the same rules don't apply to NON EU family members. I feel EU and NON EU family members are not treated equally. Further, ESOL skills are fundamental for economic and social integration and withholding opportunities for legally arrived non EU family members is unfair that may end up as pressures on other parts of health and welfare system.

Could you please advice, how should I proceed ?

Many Thanks

kamoe · Post by **kamoe** » Wed Dec 08, 2021 3:12 pm

andes66 wrote: ↑
Wed Dec 08, 2021 6:07 am
While EU family members who have been resident in a EU country (for 3 Years) are allowed to have access to free or subsidised adult education courses, the same rules don't apply to NON EU family members.

According to that document, whilst the case of family members is treated in a different paragraph (40), in the end the conditions are the same. Note that there is no condition of the family member having EU nationality (page 15):

Family members of UK and EEA nationals

40. A ‘family member’ is the husband, wife, civil partner, child, grandchild, dependent parent or grandparent of a UK or EEA national. A family member is eligible for funding if they:
40.1. where required to do so, have obtained pre-settled or settled status under the EU Settlement Scheme and
40.2. have been ordinarily resident in the UK and/or EEA for at least the previous 3 years on the first day of learning

So the way I read it, the same condition of 3 year residency applies, regardless of the nationality of the family member. So it's the same treatment and conditions as for EU nationals.

I feel EU and NON EU family members are not treated equally.

As I said, I don't think that's the case. What is the case is that extended family members and direct family members are not treated equally.

For example, the above does not extend to unmarried partners, even if they have settled status. Couples have to be married for the non-EU counterpart to be considered a EEA family member. (I know this by painful experience. I had to pay international fees as the unmarried partner of a French national with EEA Residence card, and over 8 years of residence in the UK. Bottom line is that I was neither a) married, b) a permanent resident or settled status holder, or c) a EU national myself. There was absolutely no recurse for me in that case).

But if the person in question is the direct family member as defined in point 40. above, with over 3 years of UK residence, then I interpret they should be covered, regardless of nationality.

NOTE: This is my interpretation only. Anyone else with a different point of view is welcome to point out where it is stated otherwise.

andes66 · Post by **andes66** » Tue Dec 14, 2021 9:25 pm

kamoe wrote: ↑
Wed Dec 08, 2021 3:12 pm

andes66 wrote: ↑
Wed Dec 08, 2021 6:07 am
While EU family members who have been resident in a EU country (for 3 Years) are allowed to have access to free or subsidised adult education courses, the same rules don't apply to NON EU family members.
According to that document, whilst the case of family members is treated in a different paragraph (40), in the end the conditions are the same. Note that there is no condition of the family member having EU nationality (page 15):

Family members of UK and EEA nationals

40. A ‘family member’ is the husband, wife, civil partner, child, grandchild, dependent parent or grandparent of a UK or EEA national. A family member is eligible for funding if they:
40.1. where required to do so, have obtained pre-settled or settled status under the EU Settlement Scheme and
40.2. have been ordinarily resident in the UK and/or EEA for at least the previous 3 years on the first day of learning
So the way I read it, the same condition of 3 year residency applies, regardless of the nationality of the family member. So it's the same treatment and conditions as for EU nationals.
I feel EU and NON EU family members are not treated equally.
As I said, I don't think that's the case. What is the case is that extended family members and direct family members are not treated equally.

For example, the above does not extend to unmarried partners, even if they have settled status. Couples have to be married for the non-EU counterpart to be considered a EEA family member. (I know this by painful experience. I had to pay international fees as the unmarried partner of a French national with EEA Residence card, and over 8 years of residence in the UK. Bottom line is that I was neither a) married, b) a permanent resident or settled status holder, or c) a EU national myself. There was absolutely no recurse for me in that case).

But if the person in question is the direct family member as defined in point 40. above, with over 3 years of UK residence, then I interpret they should be covered, regardless of nationality.

NOTE: This is my interpretation only. Anyone else with a different point of view is welcome to point out where it is stated otherwise.

Kamoe, Thanks so much for your reply! I hope others in the same boat can shine a light at how they are planning to get their loved ones to improve English and employment skills etc..

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Adult education funding- eligibility for Non EU family members with presettled status

Adult education funding- eligibility for Non EU family members with presettled status

Re: Adult education funding- eligibility for Non EU family members with presettled status

Re: Adult education funding- eligibility for Non EU family members with presettled status