Further Education and Training
Are separated or unaccompanied asylum seeking children and children of asylum seekers entitled to further education?
Separated or unaccompanied asylum seeking children and children of asylum seekers may apply to study at school sixth forms or sixth form colleges provided there are places available and they satisfy the school or college's academic requirements. If their qualifications were gained abroad they can get a statement of comparability from UK NARIC (see Related Links below).
They must also be able to pay the course fees. Entitlements to student support are governed by a number of laws, regulations and funding guidelines subject to frequent changes.
Entitlement to ‘home fees’
Asylum seekers studying at further education colleges are eligible for funding from the Young People’s Learning Agency if they satisfy the eligibility criteria [1]. If eligible they will be considered as "home learners" for tuition fees purposes and will therefore be able to pay home fees.
The following categories are eligible for funding [2]:
- Refugee and those granted humanitarian protection (HP) or discretionary leave (DL)
- All 16-18 year old learners (including unaccompanied or separated asylum seeking children) who are placed in the care of children’s services
- Asylum seekers who have legally been in the UK pending consideration of their claim by the Home Office for longer than 6 months
- Asylum seekers refused asylum but unable to return because of circumstances beyond their control and granted support under s. 4 of the Immigration and Asylum Act 1999
- All 16-18 year old asylum seekers (those who turn 19 while on a course will remain eligible for funding until the end of that course)
- People who are ‘settled in the UK’ (e.g. have indefinite leave to remain or British citizenship) and have been ordinarily resident for the 3 years preceding the start of the course.
Learner eligibility for funding in Further Education is established at the point at which the learner enrols onto a programme. This means that if, at the time of enrolling onto a programme of more than one term's duration, a learner is considered to be eligible s/he will usually remain eligible for the rest of the programme. However, the learner must have a ‘reasonable likelihood’ or completing the course [3] Asylum seekers awaiting consideration of their claim by the Home Office, and asylum seekers refused asylum but eligible and granted support under s. 4 of the Immigration and Asylum Act 1999 must be reassessed for eligibility at the start of each and every programme they undertake to ensure there is a reasonable likelihood that the learner can complete their studies [4]
It is important for further education institutions to be aware that when a young person’s leave expires, they are entitled to appeal for an extension, and if this is refused, appeal that extension. If an application for an extension of discretionary leave to remain has been made during the currency of that leave, the leave will not expire on the date it was limited to, by virtue of Section 3C of the Immigration Act 1971. Hence all entitlement will continue and will be automatically extended until:
A decision is made to grant further leave (when the new leave takes over) or
- Where a decision to refuse further leave is made , until the time for bringing an appeal from that decision expires , or
- Where an appeal is brought , that appeal is finally disposed of
Therefore, a young person who has applied for an extension of their leave will continue to be eligible if they are eligible at the start of the course. Even if a young person’s leave does expire before the end of the course, given that applying for an extension and possibly appealing a decision take time, the likelihood of the young person not finishing the course because they have to leave the country is small, and thus should not influence the decision or whether or not to offer a place.
Entitlement to fee remission
All 16-18 year olds who are entitled to pay home fees can apply for fee remission when studying on a funded course, as are asylum seekers eligible for further education home fees (see above). This means they do not have to pay tuition fees [5].
Note: 'Ordinarily resident' for funding purposes is regarded to be "in a given country or region any person who habitually, normally and lawfully resides from choice and for a settled purpose in that country. Temporary absences from the relevant area should be ignored. Someone who has not been ordinarily resident because he or she or the person's parent or spouse or civil partner was working temporarily abroad will be treated as though the person had been ordinarily resident in the relevant area". [6]
Revised 01/06/10
Notes
[1] See Young People’s Learning Agency Funding Guidance 2010/11: Learner Eligibility Guidance. The persons eligible for funding correspond to those listed in the Education (Fees and Awards) (England) Regulations 2007
[2] Young People’s Learning Agency Funding Guidance 2010/11: Learner Eligibility Guidance para. 19
[3] ibid. paras 4-6
[4] ibid. para. 22
[5] ibid. para 18
[6] ibid. para 96
