refused student finance as lived abroad- please help!

jimjam1

Hi

I started at uni yesterday, a day i have waited for for may years. Imagine my horror when 10 minutes before my 1st class, i speak to Student Finance and they told me they've decided I am not eligible for Student Finance loans or grants as I lived abroad for 6 months of the 3 years prior to my course. It has ruined everything for me and i'm not sure how to proceed.

I worked abroad for over a year in 2007. I returned in April 2008. In 2009/2010 academic year, i applied to uni, and finance, and received my award letter from SF for the academic year, saying i was fully entitled to financial help. Sadly, i didn't get my place at uni and informed SF this.

i worked hard to get into uni this year by complete a 1 year course. I got accepted at uni, and again, applied for Student Finance in May. I rang and rang and rang, and supplied all they asked for. They queried my living abroad, but said if i can provide my work contract i had while abroad, this will get me round the 3 year rule.

I did this, phoned up and said I need to know soon as i need to move town etc etc. The advisor told me, since I had been awarded it in 2009/10, i hould go as my circumstances haven't changed to affect my application, so i should go to uni and just be prepared I probably won't here from them til October,

So, i moved. Then got the call 10 mins before my class. I asked what can i do to appeal, she said it is a final decision as they were not convinced my stay abroad was temporary, as my contract didn't say anything to that effect. Ok, but, it didn't say it was a permanant move.

my argument to them was this, I returned under my own steam. Also, as the country i was living in (on a temporary residence card) was changing it's rules, people without degrees could never get permanant residency.

Plus, on top of the what the guy told me, plus the letter from 2009, i think it was reasonable for me to go to uni.

I have had to write an email (longer than this!) to there appeals board and need to wait a month. I have no money to pay rent/buy food now. i am a mature student, and don't have ppl to borrow from. I am disabled also, so would have gret difficulty working f/t to try to find the 4000 for the course + rent etc.

Anyone have any ideas of other things i should be doing right now?

Sorry for the long email!

devildog

OK, I am not too sure about your situation here(Taiko is the person to advise) Have just looked at the eligibility criteria obviously you have not been 'ordinarily resident' for three years because of the overseas work

Further categories of eligible student are described
below. Please note that students are also required
to meet certain requirements, which may vary. Full
details of these requirements are on the website,

www.direct.gov.uk/studentfinance.......

if you have settled status in the UK and you do
not meet the three year ordinary residence
requirement in this country, but you or a relevant
family member have exercised a right of free
movement within the EEA and Switzerland
before returning to the UK and have been living
in the EEA or Switzerland for the three years
prior to the first day of the first academic year of

the course.

Did you work in thw EU? So might this bit be relevant?

Copy all paperwork to them, entitling you to the prior funding. I do not see how they can grant you entitlement one year and not the next.

I had a similar type issue with dd's application-oh working overseas so dd was informed that she wasn't entitled. I copied the relevant eligibility criteria from their website and sent it to them!! She received her finance

Taiko

If your work abroad was of a temporary nature, then you are entitled. I assume it was something like a gap year, which actually shouldn't have been taken into account for residency.

Can you confirm whether your contract was temporary or permanent before I can help further.

EDIT: Just read it properly. Can you scan all sections of the contract, and upload them somewhere and link me to them, by PM if needbe. I want to have a look over things.

jimjam1

Thanks for the replies.

I worked in China, so it was not EU. The reason i went over there was i couldn't find a job in the UK, and i was on benefits. My mate went abroad and got a teaching job, and he said I could work there too. I thought it would be a great idea as it meant i didn't have a huge gap on my CV, it would give me some time to travel and it was the opportunity of a lifetime.

I did a 2 year contract there, but, due to mental health issues, it was very sporadic work (as and when i was fit). I had a breakdown there, and i was tried to be re-patronised in 2006 and 2007. The 2007 one i was given a psychiatrist and psychotherapist in China, and it was agreed that i would finish my work with them, then come home. I have letters from embassies, the EU delegation of Beijing and doctors both in the UK and China supporting this.

I was preparing to come home, and as i didn't have a job, a friend at church offered me a job. I took it, but on the 1st day i walked out (had serious panic attack).

The church moved me back to Beijing, and arranged for me to get a flight home to UK as i wanted to be home.

Taiko: will PM you my contracts asap.

EDIT: TAIKO: Can't email you, says your inbox is full.

Taiko

Sorted now.

Taiko

Ok, residency is one of my strong points, so I need to ask for more information. Please bear in mind that, for me to really reach a decision, I'll have to ask questions, and then potentially ask more based on your replies. It's not straightforward.

When you originally went to China, how long were you planning to stay for?

jimjam1

originally, i signed a two year contract, but, only wanted to be there a year if i'm being honest. My Canadian boss knew this, but the Chinese partner insisted i sign a 2, as was standard practice there.

I always had problems with residency whilst there. All my visas were 6 month with tourist or business traveller visas. I couldn't get residency even if i wanted it as i lacked the degree they required.

As stated, i got ill, and, jut thankful to have medical and therapy support, it was agreed that i would complete my therapy and return to the UK straight away to study, which was my long term goal.

Taiko

Ok, that's fine. You say you only planned to be there for one year, can I ask what you planned to do on your return? Was it to go into employment here? Or head straight to university?

jimjam1

I was hoping the experience i gained in China would help me get into uni. It didn't so i did a p/t course recently to get me enough points to get into uni. When i came back, due to the health problems at the time, my priority was to get medical help and take it from there. when i landed though, i found a temp job straight away and worked for 4 months.

Taiko

Ok, thanks. I think I have enough information here now. If you can leave it with me, I'll get something written up in full for you in the next 24 hours. Good news though, I'd say.

jimjam1

Thanks for taking all this time Taiko, i'm feeling a little more positive than when i posted this topic.