Student Loan application residency issues (Help Taiko?)

ea77

I just typed something really long and wordy only for the forum to delete it. Let's try this again in bullet form.

• I've got a student finance form which was rejected due to residency issues
• However, I was absent for purposes of education
• I had previously lived in the UK starting from 2009 (5-6 months)
• I've applied to my universities and have been given home fee status (upon appealing their decisions)
• " can confirm that you will be charged tuition fees at the HOME (UK) rate.
  This is because:
  a)You have full EU (British) nationality confirmed by your passport valid from 24.09.2012 to 24.09.2017.
  b)You have been ordinarily resident in the UK/European Economic Area from before 01. 09.2011 as confirmed by registration documents from a UK medical practice dated 01.07.2009. Your periods or residence in Nigeria are discounted as educational residence and your current school has confirmed by phone UK ordinary from 09.2012. can confirm that you will be charged tuition fees at the HOME (UK) rate.
  This is because:
  a)You have full EU (British) nationality confirmed by your passport valid from 24.09.2012 to 24.09.2017.
  b)You have been ordinarily resident in the UK/European Economic Area from before 01. 09.2011 as confirmed by registration documents from a UK medical practice dated 01.07.2009. Your periods or residence in Nigeria are discounted as educational residence and your current school has confirmed by phone UK ordinary from 09.2012."
• That's a reply from one of my universities to add some further context.
• What chances do I have for an appeal to the SLC?
• Personal details: Under 18 till October, Nigerian/British Citizen, live with my Mother's sister (s) who live and work in the UK for about >10 years. One of them owns a school in Harrow where I live so no benefits of anything negative like that.
• Sister also goes to University here. She's been living here for about 4-5 years.

Taiko

Why did you return to Nigeria?

ea77

Taiko wrote: »

Why did you return to Nigeria?

To finish my secondary school education. That is to say, while I did go to school in Nigeria, as a British Citizen, I could simply have gone to the UK and enjoyed free education instead of paying for it in Nigeria. However my parents chose that path in an attempt to inculcate me with some "traditional values" and keep an eye on me so I don't turn out wrong . Similarly, I could also have applied to multiple universities worldwide with my WASSCE qualifications and already be in the first or second year of Higher Education. If Education was my primary purpose, there are several ways I could have accomplished this, that's all I'm saying.

Taiko

I believe the right decision has been made by the SLC. It is possible to be both a home student and ineligible for finance.

There's no exemption for overseas study within Schedule 1 of The Education (Student Support) Regulations.

SFE are required, with temporary absence, to look at each on a case by case basis. They must be confident that, if challenged on court, their decision on entitlement based on this would withstand scrutiny.

If this was put to me, I would have been confident in my decision to say no, on the basis that the trip for education was a choice, not a requirement. As such, and even though it was only temporary, I would have agreed with SFE's decision.

You can appeal, but it's up to you to prove the grounds, and hope they'll accept them. As mentioned though, I do feel they've made the correct decision here.

ea77

Taiko wrote: »

I believe the right decision has been made by the SLC. It is possible to be both a home student and ineligible for finance.

There's no exemption for overseas study within Schedule 1 of The Education (Student Support) Regulations.

SFE are required, with temporary absence, to look at each on a case by case basis. They must be confident that, if challenged on court, their decision on entitlement based on this would withstand scrutiny.

If this was put to me, I would have been confident in my decision to say no, on the basis that the trip for education was a choice, not a requirement. As such, and even though it was only temporary, I would have agreed with SFE's decision.

You can appeal, but it's up to you to prove the grounds, and hope they'll accept them. As mentioned though, I do feel they've made the correct decision here.

Hmm...Is there any way for me to successfully appeal?
That is, is there any inkling of a successful appeal you can see?
And what options do I have?

Taiko

I cannot say on this, as it'll be up to the individual assessor to look at the case notes in their own light.

For me, it'd be a no. For them, it might be a yes. I can't really see how it can be though.

Your options would really be deferring until you've got the 3 years before the 1st year back under your belt.

ea77

Taiko wrote: »

I cannot say on this, as it'll be up to the individual assessor to look at the case notes in their own light.

For me, it'd be a no. For them, it might be a yes. I can't really see how it can be though.

Your options would really be deferring until you've got the 3 years before the 1st year back under your belt.

I'm trying to look at this in a positive light, are you saying there's a chance then and I can appeal? Saying it's up to the individual assessor implies that it's not clear cut

ea77

Anyone else know anything? If it's a matter of opinion then other views would be great to have as well