Version 1.0 - Last Updated: 24 Feb 2021

Residency and evidence factsheet

2020/21 eligibility criteria


You can use the eligibility flow chart here to find out a learner's Advanced Learner Loan eligibility.

Category

Ordinary residence requirements

UK national

Spouse or civil partner

Child of

A person who:

  • is settled in the UK by virtue of having acquired the right of permanent residence
  • is ordinarily resident in the UK on the first day of a designated further education course
  • has been ordinarily resident in the UK and Islands throughout the 3-year period before the first day of the further education course
  • if the residence was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the EEA or Switzerland immediately before the period of full-time education

 

Settled

 

 

 

 

Right of residence elsewhere

UK national

Spouse or civil partner

Child of

A person who on the first day of a designated further education course:

  • is settled in the UK other than by reason of having acquired the right of permanent residence
  • is ordinarily resident in the UK
  • has been ordinarily resident in the UK and Islands throughout the 3-year period before the first day of the further education course
  • has not been resident in the UK and Islands wholly or mainly for the purpose of receiving full-time education

A person who:

  • is settled in the UK
  • was ordinarily resident in England and settled in the UK immediately before leaving the UK and who has exercised a right of residence
  • is ordinarily resident in the UK on the day on which the first term of the first academic year actually begins
  • has been ordinarily resident in the EEA or Switzerland throughout the 3-year period before the first day of the first academic year of the course
  • if the ordinary residence was wholly or mainly for the purposes of receiving full-time education, was ordinarily resident in the EEA or Switzerland immediately before the period of full-time education

 

Refugee

 

Spouse or civil partner

 

 

 

 

 

 

Child of

A person who:

  • is a refugee
  • is ordinarily resident in the UK and Islands and has remained resident since being recognised as a refugee
  • is ordinarily resident in Wales on the first day of the first academic year of the designated further education course

 

A person who:

  • is the spouse or civil partner of a refugee
  • was the spouse or civil partner of the refugee on the date when the refugee made their application for asylum
  • is ordinarily resident in the UK and Islands and has remained resident since being given leave to remain in the UK
  • is ordinarily resident in the UK on the first day of the designated further education course

A person who:

  • is the child of a refugee or the child of the spouse or civil partner of a refugee
  • was their child on the date when the refugee made the application for asylum
  • was under 18 on the date when the refugee made their application for asylum
  • is ordinarily resident in the UK and Islands and has remained resident since they were given leave to remain in the UK
  • is ordinarily resident in the UK on the first day of the designated further education course

Leave to remain

 

A person:

  • who, on the grounds of humanitarian protection, has been granted leave to remain
  • whose leave to remain is extant, or in respect of whose leave to remain an appeal is pending
  • who has been ordinarily resident in the UK and Islands throughout the period since they were granted leave to remain

 

EEA migrant worker

EEA self-employed

Swiss employed

Swiss self-employed

Spouse or civil partner

Child of

A person who:

  • is ordinarily resident in England on the first day of the further education course
  • has been ordinarily resident in the EEA or Switzerland throughout the 3-year period before the first day of the first academic year of the course

EEA frontier worker

EEA frontier self-employed

Swiss frontier self-employed

Spouse or civil partner

Child of

 

A person who has been ordinarily resident in the or Switzerland throughout the 3-year period before the first day of the first academic year of the course.

EU national

A person who is either:

  • an EU national on the first day of the designated further education course
  • a family member of such a person
  • is undertaking a designated further education course in England
  • has been ordinarily resident in the EEA or Switzerland throughout the 3-year period before the first day of the designated further education course

Child of a Swiss national

A person who:

  • is the child of a Swiss national who is entitled to support in the UK by virtue of Article 3(6) of Annex 1 to the Swiss Agreement
  • is ordinarily resident in the UK on the first day of the first academic year of the designated further education course
  • has been ordinarily resident in the EEA or Switzerland throughout the 3-year period before the first day of the designated further education course
  • if their ordinary residence was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the EEA or Switzerland immediately before the period of full-time education

Child of a Turkish worker

A person who:

  • is the child of a Turkish worker
  • is ordinarily resident in the UK on the first day of the designated further education course
  • has been ordinarily resident in the EEA, Switzerland or Turkey throughout the 3-year period before the first day of the designated further education course

 

EU temporary protection

 

 

Spouse or civil partner

 

 

 

 

Child of

A person granted humanitarian protection who:

  • is ordinarily resident in the UK on the first day of the designated further education course
  • has been ordinarily resident in the UK and Islands throughout the 3-year period before the first day of the designated further education course

A person who:

  • is the spouse or civil partner of a person granted humanitarian protection
  • was the spouse or civil partner of the person granted humanitarian protection on the date when they applied for asylum
  • is ordinarily resident in the UK on the first day of the designated further education course
  • has been ordinarily resident in the UK and Islands throughout the 3-year period before the first day of the designated further education course

A person who:

  • is the child of a person granted humanitarian protection or the child of the spouse or civil partner of a person granted humanitarian protection
  • was their child on the date they applied for asylum
  • was under 18 on the asylum application date
  • is ordinarily resident in the UK on the first day of the designated further education course
  • has been ordinarily resident in the UK and Islands throughout the 3-year period before the first day of the designated further education course

 

Long residence

A person who:

  • on the first day of a designated further education course has, preceding the first day of the further education course, lived in the United Kingdom throughout either
    1. half their life
    2. a period of 20 years
  • is ordinarily resident in the United Kingdom
  • has been ordinarily resident in the United Kingdom and Islands throughout the 3-year period before the first day of the further education course

 

Persons granted Stateless Leave

A person who is either:

  • granted Stateless Leave by the Home Office
  • an eligible family member of such a person
  • is ordinarily resident in England on the first day of the designated course
  • has been lawfully ordinarily resident in the UK and Islands throughout the 3-year period before the first day of the further education course

A person can be an eligible family member if they are either:

  • the spouse
  • the civil partner
  • a child or stepchild (under 18)
  • a child or stepchild (under 18) of the spouse or civil partner of a person granted leave to remain as a stateless person, and was so on the date that the valid application for leave to the Home Office was made

They may be eligible for support.

For more information please see the policy specification '10 -18 Stateless persons AY 2018.19'.

Persons granted Section 67 leave

and their dependent children

A person who has been granted Section 67 leave in the UK by the Home Office who:

  • is ordinarily resident in the UK and Islands on the first day of the first academic year of their course
  • has been ordinarily resident in the UK and Islands throughout the 3-year period before the first day of the first academic year of the course

A person who:

  • is the child of a person granted Section 67 leave
  • on the leave application date, was the dependent child of that person
  • was aged under 18 on the leave application date
  • is ordinarily resident in England on the first day of the first academic year of the course
  • has been ordinarily resident in the UK and Islands throughout the 3-year period before the first day of the first academic of the course

 

For further information about persons with Section 67 leave, please see '18-19 New residency category – 'Persons granted Section 67 leave' (FE) Policy Specification.'

 

Calais leave

A person who:

  • is ordinarily resident in the UK and Islands on the first day of their further education course
  • has been ordinarily resident in the UK and Islands throughout the 3-year period before the first day of the first academic year of the course

Or a person who:

  • is the child of a person granted 'leave in line' with their relevant parent
  • is ordinarily resident in England on the first day of the
  • has been ordinarily resident in the UK and Islands throughout the 3-year period before the first day of the first academic year of the course

 

For further information about Calais leave please see the '2020/21 Changes to Residency Categories Policy Specification'.

 

DVILR

A person who has indefinite leave to remain (ILR) as a victim of domestic violence who:

  • is ordinarily resident in UK and Islands on the first day of their further education course
  • DfE ministers have decided to remove the 3-year ordinary residence requirement

This change does not extend Advanced Learner Loan eligibility to family members of persons granted DVILR.

 


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