Further Education and Training
Are unaccompanied asylum seeking children (UASC) and children of asylum seekers entitled to post 16 education?
UASC 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.
Further Education colleges: entitlement to funding by the Learning and Skills Council (LSC)
Asylum seekers studying at FE colleges are eligible for funding by the Learning and Skills Council (LSC) if they satisfy the criteria stipulated in the LSC rules on the eligibility for funding [1]. Students eligible for LSC funding are considered as "home learners" for tuition fees purposes and will therefore be able to pay home fees.
The following categories are eligible for funding under LSC rules:
- 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. [2]
- UASC aged 16-18 who are placed in the care of social services
- 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) [3]
- Learners who have been legally resident in the UK for 3 years before the start of the course. [4]
The following categories are eligible for LSC funding provided they have been ordinarily resident in the UK since their HP/DL/ELR or refugee status was granted (but they do not have to satisfy the three year ordinary residence test):
NB: Learner eligibility for LSC 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 remain eligible for the rest of the programme. However, 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. [6]
Entitlement to fee remission
Asylum seekers and refugees as well as people with limited leave aged 16, 17 and 18 (those who turn 19 while on the course will remain eligible for funding until the end of that course) and who are entitled to pay home fees can apply for fee remission when studying on an LSC funded course. This means they do not have to pay tuition fees. Asylum seekers and their dependants aged 19 and over are also entitled to apply for fee remission if they have been legally in the UK for 6 months or more pending consideration of their asylum claim, or are in receipt of assistance under the Immigration and Asylum Act 1999. In addition to this all basic skills programmes (other than English for Speakers of Other Languages) are free regardless of the age of the student.
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". [7]
Revised: 31/10/08
Notes
[1] See LSC Funding Guidance 2008/09: Learner Eligibility Guidance. The persons eligible for funding correspond to those listed in the Education (Fees and Awards) (England) Regulations 2007.
[2] LSC Funding Guidance 2008/09: Learner Eligibility Guidance para. 18
[3] ibid. para. 19
[4] ibid. para. 17(a) - This "does not include people with time-limited leave to remain as a learner whose leave to remain does not extend to the expected end date of the proposed learning aim of study".
[5] ibid. para 17
[6] ibid. paras 7 and 18.
[7] ibid. para 13
