Date Legislation considered: 15 April 2024
Date Legislation in force: 15 February 2024
Relevant Withdrawal Agreement/EEA EFTA Separation Agreement Right(s): Residence, Discrimination/Equal Treatment
What does the legislation do?
The Explanatory Memorandum to these regulations note there are a number of changes made as to student support / student finance. Of particular relevance to the IMA’s remit are the following changes:
• Settled status requirements and addition of settled status to the categories of in-year qualifying ‘events’
The Explanatory Memorandum to these regulations note there are a number of changes made as to student support / student finance. Of particular relevance to the IMA’s remit are the following changes:
• Settled status requirements and addition of settled status to the categories of in-year qualifying ‘events’
The regulations make changes to secondary legislation. Under these pieces of secondary legislation, at present, certain categories of eligible student are required to hold settled status on the first day of the first academic year of the course or on the course start date if they are to access student finance. If this is not the case, they are ineligible and are not able to obtain student support during their course. Certain other immigration categories are treated as ‘in year qualifying events’ (‘events’) in the various pieces of secondary legislation (as stipulated in the regulations), which allows the student to become eligible for support after they have acquired that status, even if they are part-way through their studies.
The changes made here hold that for certain cohorts, settled status is included as an ‘in year qualifying event.’ This means that students who were unable to meet the requirement to hold settled status on the first day of the first academic year of the course or on the course start date, but later acquire settled status, can pick up student support for the rest of their course. These changes apply to an academic year starting on or after 1 August 2024.
• Eligibility for home fee status in certain circumstances where leave to remain expired
The regulations make changes so that persons who were assessed as eligible students at the start of their course, whose leave to remain has subsequently expired and who have been granted further leave to remain in the UK or who have acquired British or Irish citizenship, will continue to be eligible for home fee status for subsequent years of their course.
Comments
The IMA raises no issues of concern at this stage, however any citizen experiencing difficulties in exercising their rights are encouraged to report a complaint through the IMA Portal. Further information about the IMA and guidance on how to report complaints can also be found on the Website.