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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7620
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Hi, I need a Clarification here please. My wife was granted

Resolved Question:

Hi,

I need a Clarification here please. My wife was granted a discretionary leave to remain in Uk as a spouse married to a British National in 2009 and recently applied and joined a college and requested for student funding and was refused on the basis that she does not have a definite leave to remain in UK, yet when I read the rule it says "Settled” means having either indefinite leave to enter or remain (ILE/R) or having the right of abode in the UK and “settled” in the UK, and has been ordinarily resident in the
UK for the three years preceding, and whose main purpose for such residence was not to receive full time education during any part of the three-year period.
She has right of abode and has been leaving in this Country form more than the last three years prior to starting her course. Please make me understand why she's no legible for college funding?

Nick
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.

Hi Nick

Thank you for your question and patience, I’m Tom and I’ll try to help you.

Basically, as you have identified in order to be eligible for student loans a person will be eligible if:-

1. They are a UK national or have ‘settled status’ (no restrictions on how long you can stay)
2. They normally live in England
3. They have been living in the UK for 3 years before starting your course

Your wife meets the second and third requirements but if she has not applied for and obtained “Indefinite Leave to Remain” then she will not be regarded as being “settled”. ILR essentially means being “settled” in the UK.

Because your wife is still on a visa and has not obtained ILR then she is still subject to immigration times restrictions. When a person obtains ILR they cease to be subject to immigration time restrictions (ie. cease to require visas) and therefore swith to being settled.

A “right of abode” is a particular uk immigration law term, it means that a person has a right to live and work in the UK without any time restrictions (ie. any visas), some persons with certain types of British Nationality have a right of abode.

I consider it a very unfair law in some respects, but unfortunately under law they have made the correct legal decision in determining that your wife is not presently eligible for student funding.

I really am very sorry but it’s better that you know the legal position on this.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,


Tom
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