Student Loan Application 2010/11 rejected because of 3 year residence period

patrick101

Yes! Two universities replied back and they both classified me as Home Fees payer and my absence was deemed as temporary! Guess you're not so knowledgeable after all, are you Taiko?

Oldernotwiser

They got back to you on a Saturday?

devildog

patrick101,
I would tread with care as it is not the universities that will be funding your studies but Student Finance and Taiko knows the regs in depth with regards to what they will and will not finance and has a particular interest in these type of scenarios.
I wish you luck though

Taiko

You qualify for home fees as an EU national.

You do not qualify for a fee loan under the residency critieria.

The fee charge and fee loan entitlement are not the same thing.

Fiddlestick

patrick101 wrote: »

Yes! Two universities replied back and they both classified me as Home Fees payer and my absence was deemed as temporary!

You are an EU national when it comes to the level of fees that the institution will charge you.

That's not the same as being resident for the purposes of obtaining funding from whomever will be paying those fees on your behalf.

patrick101

I understand everything that all of you are trying to tell me, but I just have something to say.

On the websites of both the universities and Student Finance England, the same criteria is stated that you need to be resident in the EU for 3 years prior to the start of your course to qualify for either paying the home fees or taking out a student loan, regardless of the fact that you may be an EU national or not. Residency is more important. So then how come the universities assessed me as home fees payer after providing them with all the evidence I had to prove that my absence is temporary, when they ALSO need me to be living in the EU for 3 years? Of course the universities and Student Finance are completely different sections and have nothing to do with each other< but still why won"t they consider this? Now, I’m not saying that they will accept to grant me the loan, they might reject me of course, I know that and I’m prepared. But things like “CERTAINLY you’ll be rejected” are not exactly what I need to hear right now. Last week I contacted the Student Finance Services European Team and the woman on the phone allowed me to explain my situation and then she helped me out and told me of all the evidence I had to provide. She didn't tell me “oh no, don’t bother, you’ll certainly be rejected because you weren't temporarily employed abroad...” On their website, there is even a page that shows previous cases of temporary absences that have been accepted, and not all of them are employment abroad.

I’m not trying to argue or anything, but please think twice before telling someone that they’re doomed to failure or find a nicer way to say it.

Taiko

You realise those on the phone are not assessors, right? They won't know the regulations in depth for cases like this, and have an annoying habit of telling people what they think will end the call.

You're most certainly ineligible. No exception.

mancmum

Dear Patrick,

"Ordinarily resident has been defined in the courts as 'habitual and normal residence in one place'. It basically means that you, your parents or your husband, wife or civil partner live in a country year after year by choice throughout a set period, apart from temporary or occasional absences such as holidays or business trips. Living here totally or mainly for the purpose of receiving full-time education does not count as being ordinarily resident."

I've copied this para from the Student awards scotland web site, which gives you a little more to go on than Taiko's comments. I would suggest you try and find some more sympathetic advice from UKCISA. http://www.student-support-saas.gov.uk/student_support/residence_conditions.htm

Are you in fact, usually resident, in Cyprus and simply in Lebanon for educational purposes? Albeit that this happens to co-incide with your brother receiving treatment? A sensible human could say yes. It would however probably be helpful to return to Cyprus in the school vacations.

You need someone who can really advise you on the inside on the level of checking that will go on. I think it is fairly minimal and if your family retains a financial and tax and nationality presence in Cyprus then you are a Cypriot.


Good luck

Oldernotwiser

mancmum wrote: »

Dear Patrick,

"Ordinarily resident has been defined in the courts as 'habitual and normal residence in one place'. It basically means that you, your parents or your husband, wife or civil partner live in a country year after year by choice throughout a set period, apart from temporary or occasional absences such as holidays or business trips. Living here totally or mainly for the purpose of receiving full-time education does not count as being ordinarily resident."

I've copied this para from the Student awards scotland web site, which gives you a little more to go on than Taiko's comments. I would suggest you try and find some more sympathetic advice from UKCISA. http://www.student-support-saas.gov.uk/student_support/residence_conditions.htm

Are you in fact, usually resident, in Cyprus and simply in Lebanon for educational purposes? Albeit that this happens to co-incide with your brother receiving treatment? A sensible human could say yes. It would however probably be helpful to return to Cyprus in the school vacations.

You need someone who can really advise you on the inside on the level of checking that will go on. I think it is fairly minimal and if your family retains a financial and tax and nationality presence in Cyprus then you are a Cypriot.


Good luck

That's exactly what Taiko's been doing - how much more inside do you want?

patrick101

Dear Mancmum,

Thank you so much for your post. It really helped lift up my spirits. I have been so miserable for the past few days from Taiko's comments... I was even so heartlessly telling my brother off for being sick and ruining my life :(

I am in Lebanon ONLY to medically treat my brother, while at the same time receiving full-time education. I would most definitely be ordinarily resident in Cyprus, had we not been forced to come here. We still have our address there, my dad goes there every month, he pays taxes and his income goes straight into his bank account which is still open, he pays social insurance and everything! We can't wait to go back, no one voluntarily leaves the EU and goes to a country called "Lebanon"... Ever since we left, I hadn't had the time or money to go back on holiday, is that a problem? Or is it okay if it's just my dad who goes back?

I opened and read the link you pasted which was very helpful. Especially the part where it says:

"To be eligible to apply for an EU tuition fees only award, you must meet the following conditions:

You were born in and have spent the greater part of your life in the EU,
and
You have been ordinarily resident in the EU for at least one year of the three year period immediately prior to the relevant date and no part of that residence was wholly or mainly for the purpose of receiving full-time education"

This applies directly to me. It hasn't been 3 years yet and it still won't be by this September. But is that only for Scotland or England too? That's the scary part ...

Again, thanks a lot and sorry for the terrible headache.