A school-leaver Beaulah Tigere who was denied a student loan succeeded in overturning a blanket ban – related to immigration status – on funding for higher education in July 2015.
The Department has issued the following statment
The Department is giving full consideration to the Supreme Court’s ruling of 29 July 2015 (on the application of Tigere) (Appellant) v Secretary of State for Business, Innovation and Skills (respondent) 2015 UKSC57. The adoption of the policy set out below is an interim measure: it is entirely without prejudice to any future position on eligibility for student support that the Secretary of State may decide to adopt at a future date.
In that regard, the Department will soon be launching a public consultation to seek views on what regulatory changes may be required in light of the ruling.
As an interim policy measure, the Secretary of State intends to use an adaptation of the Immigration Rule 276ADE(1) (as proposed by Lord Hughes’s judgment in the Supreme Court’s ruling) when considering post-Tigere applications for exceptional student support.
The Department will consider these individual cases against the following criteria:
those under 18 years of age to have lived in the UK for at least 7 years;
those aged 18-25 years who have spent at least half their life in the UK;
is ordinarily resident in England; and
has been ordinarily resident in the United Kingdom and Islands throughout the three year period preceding the first day of the first academic year of the course.
The Department plans to amend the Student Support Regulations during this academic year such amended regulation would supersede this interim policy.
The policy does not have a clear start date and it appears that students who want to start their studies this academic year will need to apply in the usual way and then highlight the policy on the student loans company.
It appears from the policy guidance that this policy does not apply to mature students and will only apply to students under the age of 25.
RBM Solicitors are well placed and experienced in providing advice on al Immigration Law related issues. Please contact us for further enquiries..