Refused Student Finance

rew000rew

Hi,

I have been refused student finance as I lived in America for almost 3 years. I was there as a student on an F-1 visa for 2 years. Then after I graduated the Junior college I was studying at I worked on a post-completion OPT for 9 months. Then when my work permit ended I returned to England.

I have not been officially refused yet but told over the phone I would not be eligible. I received a letter asking me to confirm the temporary nature of my employment in America. When I called to ask what they needed I was told that as I was a student there it would not be classed as temporary and I would not receive any student loans. The problem is that you must have lived in England for the 3 years prior to applying for SF.

My stay in America, although quite long, was only ever temporary. I have family there and went to travel and for the experience. Any visa or work permit I had was temporary and I left when they ended. I never applied for any permanent US residency.

Thanks to anyone who took the time to read this. I'm not really sure where to turn next. I have been accepted onto a course at Newcastle Uni and have been looking forward to it, so to get this news is very disappointing. I want to appeal the decision but could do with some advice on how to go about it.

Andrew

amiehall

The first thing you need to do is make your finance application and get your written decision. Then you can decide what to do about it. Those people on the phones don't know ****.

Taiko

Indeed, please come back when you've got a written decision. It's a lot easier for us to advise you when we have the hard evidence as to why you've been declined.

rew000rew

Ok, so I have just received a letter from student finance advising me I am not eligible for student finances because:
"You have not satisfied the relevant three year residence period in the UK prior to the first day of the first academic year of your course."

Not really sure where to go from here. Do I have any options? Any advice would be much appreciated.

Thanks,

Andrew

bendabomb

I don't know the answer to your question, but what happens to kids who go on a gap year out of the UK?
Did you actually make yourself non residential? Can you show that you kept your links here by, for example, keeping a bank current account?
When I worked abroad I became non dom but continued paying my NI.

rew000rew

A gap year would be classed as temporary. I was enrolled in college, when I spoke to someone in there call center they said that was a problem.
I always had my English bank account open but that would be it really.

SuperHan

bendabomb wrote: »

I don't know the answer to your question, but what happens to kids who go on a gap year out of the UK?
Did you actually make yourself non residential? Can you show that you kept your links here by, for example, keeping a bank current account?
When I worked abroad I became non dom but continued paying my NI.

Non dom only applies where you have no intention of ever returning to the UK . Paying NI would imply you were actually just non resident.

There are a number of residency tests to determine whether you are resident. If you spend a certain number of days in the UK then you are resident. For gap year students, the tests considers things like whether you have an available home in the UK, whether you spend more days in the UK than other countries, where you were resident in previous years. If they spend some days in the UK in the gap year, it's likely their residency won't be affected.

CANADAMOM

Hi, My son is in the same boat. Born and raised in the UK until he was in year 3, when I had to take him to Canada to allow me to care for my elderly Father who was diagnosed with terminal cancer. I stayed on to help my Mother, and following my own Husband having a life-altering illness, the family was forced to return to the UK when my son was 16. He's just turned 18, and should be going to Uni in September, but he too has been refused Student Finance due to the 3 years Residency rule. We kept a bank account open, we kept our Driving Licences, etc. but we aren't sure how we can appeal as we don't fall into any of the "permitted" categories for appealing - ie. his parents weren't members of the armed forces, or on a temporary work contract etc. What can we do?!?!

Voyager2002

CANADAMOM wrote: »

Hi, My son is in the same boat. Born and raised in the UK until he was in year 3, when I had to take him to Canada to allow me to care for my elderly Father who was diagnosed with terminal cancer. I stayed on to help my Mother, and following my own Husband having a life-altering illness, the family was forced to return to the UK when my son was 16. He's just turned 18, and should be going to Uni in September, but he too has been refused Student Finance due to the 3 years Residency rule. We kept a bank account open, we kept our Driving Licences, etc. but we aren't sure how we can appeal as we don't fall into any of the "permitted" categories for appealing - ie. his parents weren't members of the armed forces, or on a temporary work contract etc. What can we do?!?!

By the sound of things, he is only one year short of the limit so could take a gap year within the UK and begin his course in October 2015. Alternatively, look at studying in mainland Europe: minimal tuition fees so he would never need to worry about falling into the clutches of Erudio.