Home Office and Student Loan Issue

[koded101]

Hi,

We are having trouble with the Home Office...again. This time in relation to The Student Loans company. For my brother to get his student loan he needs to meet the two conditions:

- Have been settled in the UK before the start of the first academic year of his degree
- Have live in the UK lawfully for the three years preceding the start of the degree.

He was granted ILR in Aug 2016 and his degree started in Sept 2016 so he meets the first condition. Now the fact that he was granted ILR on the 10yr route should mean that he was indeed in the UK legally for the preceding 10 year period right?

Unfortunately when the Student Loans company contact the Home Office the Home Office tells them that my brother was an overstayer during the qualifying three year period.

I suppose a bit of history is necessary. I'll keep it simple, We applied for ILR in 2009 and at that time the HO rejected us due to a mistake on their part. We took this up with them through a reconsideration request. After a LOT of writing and no little grief, they said they would give us the right of appeal in 2014 (Which by the way they should have done back when they rejected us in the first place!). To generate this right of appeal they 'refused' us as a matter of protocol. The appeal took place and the First-Tier Tribunal judge gave the judgement in our favor and highlighted the HO's mistake. Also he clearly mentioned in his judgement that our whole period of stay in the UK was always legal and with express right to do so.

Unfortunately the Home Office is ignoring this judgement and says that my brother was residing unlawfully in the qualifying period. They are using the second refusal in 2014 as an excuse not realizing that they had to do that to generate the appeal right. Therefore the Student loans Company is not going to give my brother the loan and now he is scared about how he is going to pay for his studies.

If anyone can provide some pointers it would be very much appreciated.

Thanks in advance.