British Citizen - Residency in Question for Student Finance Loan

LizzyS

I'm a British Citizen, I was born in England and have lived here for more than 20 years. In March 2014 I travelled to China to get a job as an English Language Teacher, as I couldn't find a job here. My experience in China was very bad and I ended up getting stuck in Hong Kong with very little money. I then travelled to Australia at the end of 2014 as I had an Great Aunt there who said she would help me find a job.

I worked and lived in Australia for 5 years and came back to England December 2019. During my time in Australia I was on a Working Holiday Visa for 2 years, I then applied for a partner visa, so that I could remain in the country to work and remain with my ex-partner, who was Australian. It was always our intention to come back to England, but a close family member of his became very ill and we had to stay. He then became very sick and I stayed to care for him. Our relationship broke down and I then moved home. During my time in Australia I travelled home once a year to visit my family for Christmas, I maintained an English bank account and savings account. All my family live in the UK and I maintained my ties with them whilst I lived in Australia.

I have applied to study a BA in Social Work here in the UK and intend to remain here for the rest of my life, I have received three offers to study at very prestigious universities. However upon application for a student loan I have been told by Student Finance England that I will very likely not be eligible to receive one as I lived outside of England for 3 years prior to my commencement of my first academic year. They have called into question that England was not my place of 'ordinary residence' therefore I am not eligible.

My question is should I go ahead and apply for Student Finance for commencement in 2020, is it likely that my application will be successful? If so what evidence do I need to provide to prove that my ordinary country of residence was here and that my time in Australia was temporary.

unforeseen

From. https://www.gov.uk/government/publications/assessing-ordinary-residence-nationality-policy-guidance

The term ordinary residence is not defined in the immigration or nationality acts and  has not been defined in any Act of Parliament. The leading case in this area is R v Barnet LBC ex parte Shah [1983] 1 All ER 226. The House of Lords found that the concept of ordinary residence implied:
  • ordinary residence is established if there is a regular habitual mode of life in a particular place for the time being, whether of short or long duration, the continuity of which has persisted apart from temporary or occasional absences, residence must be both:
 o  voluntary 
o adopted for a settled purpose
• a person can be ordinarily resident in more than one country at the same time, distinguishing it from domiciled
 • ordinary residence is proven more by objective evidence than evidence of an individual’s state of mind at a point in time 

As you worked and lived in Australia for 5 years up to Dec 19 then you fail the test

Socajam

Also you were not a UK taxpayer during that time.

John_

I don’t think that you qualify, the financial help is for people who have been resident, being a citizen is not enough.

I’d check the wording very carefully, and then if necessary work in the UK until you qualify. A few years seems like a lifetime when you are young, but it’s worth it if it gets you where you want to be.

MinuteNoodles

You didn't get back until December 2019, you're not eligible until December 2022.

Voyager2002

Socajam said:

Also you were not a UK taxpayer during that time.

That is completely irrelevant.