Student finance

I applied for student finance and sent them my BRP for verification. After a week they returned my BRP and asked me to provide evidence of lawful stay in the UK for past three years. I and my wife got my visa after my stateless son got the British citizenship last year and before that for two years we did not have any lawful stay. Now I've got 2.5 years renewable visa without any restrictions. How do I explain this to student finance and will there be a chance that they will consider my situation and help me for my higher studies? Thank you.

dilto119 wrote: ↑

Wed Aug 26, 2020 11:22 pm

I and my wife got my visa after my stateless son got the British citizenship last year and before that for two years we did not have any lawful stay. Now I've got 2.5 years renewable visa without any restrictions. How do I explain this to student finance and will there be a chance that they will consider my situation and help me for my higher studies?

Using you child to get leave to remain in the UK, sounds like you have been granted Limited Leave to Remain; 4 visas of 2.5 years to be able to apply for Indefinite Leave to Remain in 10 years time?

You have misunderstaood what your LLR visa allows. I think you will need to have been granted ILR to be able to have student finance, but others will be able to confrm that. Perhaps look at doing a degree part-time, with somebody like the Open University? That way you can work full-time to pay for your studies?

Would a mod move this post to the correct board please?

A search shows-

Student finance

...
Non-UK nationals must have settled status on the first day of the first academic year of the course - which could be 1 September, 1 January, 1 April or 1 July.
https://www.gov.uk/student-finance/who-qualifies


Your LLR visa is not settled status. ILR is settled status.

JB007 wrote: ↑

Sun Aug 30, 2020 12:44 pm

A search shows-

Student finance

...
Non-UK nationals must have settled status on the first day of the first academic year of the course - which could be 1 September, 1 January, 1 April or 1 July.
https://www.gov.uk/student-finance/who-qualifies


Your LLR visa is not settled status. ILR is settled status.

OPs lengthy topic and circumstances below. Overstayers for 14 years before current LLR was granted. OP from Sri Lanka.

https://www.immigrationboards.com/gener ... 69845.html

CR001 wrote: ↑

Sun Aug 30, 2020 12:51 pm

JB007 wrote: ↑

Sun Aug 30, 2020 12:44 pm

A search shows-

Student finance

...
Non-UK nationals must have settled status on the first day of the first academic year of the course - which could be 1 September, 1 January, 1 April or 1 July.
https://www.gov.uk/student-finance/who-qualifies


Your LLR visa is not settled status. ILR is settled status.

OPs lengthy topic and circumstances below. Overstayers for 14 years before current LLR was granted. OP from Sri Lanka.

https://www.immigrationboards.com/gener ... 69845.html

I should have looked at their previous posts, I have answered them before.

JB007 wrote: ↑

Sun Aug 30, 2020 12:58 pm

CR001 wrote: ↑

Sun Aug 30, 2020 12:51 pm

JB007 wrote: ↑

Sun Aug 30, 2020 12:44 pm

A search shows-

Student finance

...
Non-UK nationals must have settled status on the first day of the first academic year of the course - which could be 1 September, 1 January, 1 April or 1 July.
https://www.gov.uk/student-finance/who-qualifies


Your LLR visa is not settled status. ILR is settled status.

OPs lengthy topic and circumstances below. Overstayers for 14 years before current LLR was granted. OP from Sri Lanka.

https://www.immigrationboards.com/gener ... 69845.html

I should have looked at their previous posts. I have answered them before.

Indeed, the op has asked earlier this about having the NRPF restriction removed and asked about tax credits oteviously. Unclear why the parents can't work and support themselves.

CR001 wrote: ↑

Sun Aug 30, 2020 12:59 pm

JB007 wrote: ↑

Sun Aug 30, 2020 12:58 pm

CR001 wrote: ↑

Sun Aug 30, 2020 12:51 pm

JB007 wrote: ↑

Sun Aug 30, 2020 12:44 pm

A search shows-

Student finance

...
Non-UK nationals must have settled status on the first day of the first academic year of the course - which could be 1 September, 1 January, 1 April or 1 July.
https://www.gov.uk/student-finance/who-qualifies


Your LLR visa is not settled status. ILR is settled status.

OPs lengthy topic and circumstances below. Overstayers for 14 years before current LLR was granted. OP from Sri Lanka.

https://www.immigrationboards.com/gener ... 69845.html

I should have looked at their previous posts. I have answered them before.

Indeed, the op has asked earlier this about having the NRPF restriction removed and asked about tax credits oteviously. Unclear why the parents can't work and support themselves.

And since they arrived in the UK of course al those years ago, the short lived Tax Credit benefits have been removed, together with four of the other low income benefits: the replacement benefit requires both parents to earn at least a set amount each month or benefit sanctions now for up to 3 years.

Also coming in during this time, the UK brought in the 2 child limit for low income benefits, while stating that other EU countries now give more benefit money than the UK. And the reduction of low income benefit amounts, to end the "getting more on benefits than working" problem.

Virtually nothing in welfare payments now for those without qualifying children under the UK's Welfare reforms. And if I was a betting person, I would guess the UK will end the short lived Pension Credit benefit: why else would they raise the UK state pension to be slightly higher than the cap for Pension Credit?

All the categories for Student Finance (which, by the way, has nothing to do with Public Funds/NRPF and is assessed independently, under independent rules which have nothing to do with entitlement to benefits, etc) require the applicant to have been resident legally in the UK for at least three years prior to the date of the start of the course.

This requirement (of having been "ordinarily resident"-which only covers legal residence-in the UK for three years before the start of the course) applies even to British citizens and EEA citizens. Which is why, if a British citizen has resided abroad for a long period of time and has not been resident in the UK for the three years preceding the start of the study course, even they would not be eligible for Student Finance. Even Channel Island and Isle of Man citizens, who are also British Citizens (generally by birth), are not eligible if they were not "ordinarily resident" in the UK at the start of their course.

I know the requirement definitely applied to EEA citizens years before Brexit was even a word, as one of my flatmates at the time was an Austrian citizen, who had returned from South Africa after a stay of a decade or so, and his children were also not eligible for Student Finance or Home Student fee rates.

So, at least re Student Finance, you will need to wait at least 2-3 years more.

Have a look at this UKCISA page for more detailed information.

secret.simon wrote: ↑

Sun Aug 30, 2020 7:21 pm

This requirement (of having been "ordinarily resident"-which only covers legal residence-in the UK for three years before the start of the course) applies even to British citizens and EEA citizens.

.....

I know the requirement definitely applied to EEA citizens years before Brexit was even a word, as one of my flatmates at the time was an Austrian citizen, who had returned from South Africa after a stay of a decade or so, and his children were also not eligible for Student Finance or Home Student fee rates.

So, at least re Student Finance, you will need to wait at least 2-3 years more.

Have a look at this UKCISA page for more detailed information.

The OP is not an EEA citizen.

He can study in the UK but as as per the link to the govenment site above, he needs to have ILR if he wants to be given student finance from the UK.

That's why I suggested something like the Open University as he can then fit his studies around work. Or he could look for an employer who would pay for his studies, although he would still need to fit his studies around work. People who do this need a high level of commitment for a few years, but it gives them a chance to get a better job in the future, while also keeping their family.

JB007 wrote: ↑

Mon Aug 31, 2020 6:55 am

That's why I suggested something like the Open University as he can then fit his studies around work.

Distance learning is not something which is necessarily be congenial to everyone especially for those who are resuming their studies after very long time or intending for entirely new/higher discipline.

JB007 wrote: ↑

Mon Aug 31, 2020 6:55 am

Or he could look for an employer who would pay for his studies,

Given the present grisly employment market, where even an entry level job is attracting thousand number of applications that will unlikely happen unless where someone is a family employer.

https://www.google.com/amp/s/www.indepe ... html%3famp

Distance learning is not something which is necessarily be congenial to everyone especially for those who are resuming their studies after very long time or intending for entirely new/higher discipline.[/quote]

Which is why I also added-

JB007 wrote: ↑

Mon Aug 31, 2020 6:55 am

People who do this need a high level of commitment for a few years,

seagul wrote: ↑

Mon Aug 31, 2020 10:32 am

JB007 wrote: ↑

Mon Aug 31, 2020 6:55 am

Or he could look for an employer who would pay for his studies,

Given the present grisly employment market, where even an entry level job is attracting thousand number of applications that will unlikely happen unless where someone is a family employer.

https://www.google.com/amp/s/www.indepe ... html%3famp

For years, many have gone to university and done a degree that was fairly worthless. Which meant they end up working at a place where they didn't need a degree and are 3 years behind others working there who didn't go to university.

Then if they ever manager to earn the magic figure to start replaying their student debt (just over 25K) they have to pay 9% more tax to repay their student debt for the nexzt 25 years. For low earners, at present the income tax level is 20%, which means they pay 29% tax.

seagul wrote: ↑

Mon Aug 31, 2020 10:32 am

Distance learning is not something which is necessarily be congenial to everyone especially for those who are resuming their studies after very long time or intending for entirely new/higher discipline.

Which is why I also added-

JB007 wrote: ↑

Mon Aug 31, 2020 6:55 am

People who do this need a high level of commitment for a few years,

seagul wrote: ↑

Mon Aug 31, 2020 10:32 am

JB007 wrote: ↑

Mon Aug 31, 2020 6:55 am

Or he could look for an employer who would pay for his studies,

Given the present grisly employment market, where even an entry level job is attracting thousand number of applications that will unlikely happen unless where someone is a family employer.

https://www.google.com/amp/s/www.indepe ... html%3famp

For years, many have gone to university and done a degree that was fairly worthless. Which meant they end up working at a place where they didn't need a degree and are 3 years behind others working there who didn't go to university.

Then if they ever manager to earn the magic figure to start replaying their student debt (just over 25K under present rules) they have deductions to repay their student debt for the next 25 years. Often another 9% to repay their student debt, on top of their income tax and NI contributions, from their low wage.

JB007 wrote: ↑

Mon Aug 31, 2020 11:00 am

For years, many have gone to university and done a degree that was fairly worthless. Which meant they end up working at a place where they didn't need a degree and are 3 years behind others working there who didn't go to university.

Then if they ever manager to earn the magic figure to start replaying their student debt (just over 25K under present rules) they have deductions to repay their student debt for the next 25 years. Often another 9% to repay their student debt, on top of their income tax and NI contributions, from their low wage.

I checked the actual figures; under present rules the student debt repayment is 9% of everything earned over £25,725. Student dept wiped after 30 years if not repaid.

Despite above, from very recently some of the biggest tycoons and celebrities have voluntarily initiated to fund some of the outstanding students, which indeed is a positive sign as others might pursue their footprints soon.

JB007 wrote: ↑

Mon Aug 31, 2020 6:55 am

The OP is not an EEA citizen.

He can study in the UK but as as per the link to the govenment site above, he needs to have ILR if he wants to be given student finance from the UK.

I meant to highlight that the requirements for "ordinary residence for three years" applied even to British and EEA citizen students, who tend to have more rights in the UK compared to people on immigration routes under the Immigration Rules.