Date Legislation considered: 30 September 2024
Date Legislation in force: 14 August 2024
Relevant Withdrawal Agreement/EEA EFTA Separation Agreement Right(s): Residence, Discrimination, Equal-treatment
What does the legislation do?
The Rules make various changes to legislation affecting eligibility for student support in Northern Ireland which are set out in the Explanatory Memorandum.
Only a proportion of the changes made by Chapter 5 of Part 2 of the Regulations (see regulations 16(f) and (g); 17(f) and (g); 18(f) and (g); 19(f) and (g); and 20(f) and (g)) and those made by Chapter 6 of that Part are relevant to the application and implementation of the Citizens Rights Agreements.
The relevant provisions in Chapter 5 of Part 2 amend the Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (“the 2009 Regulations”), so that certain persons within scope of the Agreements remain eligible for support if subsequently acquiring British or Irish citizenship.
Chapter 6 of Part 2 amends the Student Fees (Qualifying Courses and Persons) Regulations (Northern Ireland) 2007 (“the 2007 Regulations”), so that persons within scope of the Agreements remain eligible for home fee status on expiry of leave to remain or acquisition of British or Irish citizenship.
Comments
The IMA raises no issues of concern with the rules.
However the IMA notes that the effect of the 2007 and 2009 Regulations is that a person will not be eligible for support where they have acquired a permanent right of residence, but their EUSS status has expired. Officials at the Northern Ireland Executive Office have been asked to confirm what would happen in such circumstances.
The response from officials states that the Student Loans Company and Education Authority rely on immigration status as determined by the Home Office when determining eligibility for student support.
Officials refer to the judgment in R (Independent Monitoring Authority for the Citizens’ Rights Agreements) v Secretary of State for the Home Department and their understanding, based on discussions with the Home Office, that pre-settled status will not expire because of the extensions to and removal of expiry dates and the intended conversion of pre-settled status to settled status for eligible persons, without need for a second application to the EUSS.
Officials indicate that they will continue to work with the Home Office, and that they have given guidance to education authorities, to ensure that the relevant cohort is not adversely affected.
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.