Version 1.0 - Last Updated: 24 Feb 2021

Residency and evidence factsheet

2021/22 residency policy changes


There were 2 policy changes for residency for 2021/22:

  • indefinite leave to remain as a bereaved partner

  • removal of the 3-year residence requirement from protection-based categories

For academic year 2021/22 the Department for Education (DfE) ministers have introduced a new residence category of eligible learners. They’ve also amended some existing categories.

The new category is ‘indefinite leave to remain as a bereaved partner'. It applies to individuals whom the UK Home Office has granted indefinite leave to remain (ILR), where in some cases it has made allowances for gaps in their leave due to periods of bereavement. 

There have also been amendments to existing protection-based categories to remove the 3-year ordinary residence requirement. This aligns these categories with the category for those recognised as refugees.

 

Indefinite leave to remain as a bereaved partner

For academic year 2021/22, DfE ministers have removed the 3-year ordinary residence rule for persons granted ILR as a bereaved partner. This lets them access student support and home fee status as soon as their ILR has been granted.

An additional eligible residence category has been added to the Further Education Loans Regulations 2012. This covers persons who have been granted ILR as a bereaved partner and:

  • are ordinarily resident in the UK and Islands on the first day of the first academic year of their designated further education course
  • have been ordinarily resident in the UK and Islands since being granted the respective status

Dependants of persons who were granted ILR as a bereaved partner will not be eligible for support as part of this change.

Learners holding ILR as a bereaved partner must evidence their:

  • Home Office status
  • ordinary residence in the UK and Islands since they were granted the relevant leave
  • ordinary residence in the UK and Islands on the first day of the first academic year of their course

They do not need to have 3 years of ordinary residence to be eligible.

 

Removal of the 3-year residence requirement from protection-based categories

From academic year 2021/22, the Further Education Loans Regulations 2012 have been amended to remove the 3-year residence requirement for learners with:

  • humanitarian protection
  • stateless leave
  • Calais leave
  • Section 67 leave for new and continuing students applying for support for an academic year beginning on or after 1 August 2021

To be eligible for student support, the above learners and their relevant family members must be both:

  • ordinarily resident in the UK and Islands on the first day of the first academic year of their designated further education course
  • ordinarily resident in the UK and Islands throughout the period since being granted the respective status.

This refers to the most recent grant of the respective status for those who have:

  • refugee status
  • humanitarian protection
  • stateless leave
  • Calais leave (or children granted 'leave in line' with a person granted Calais leave)
  • section 67 leave (or children granted 'leave in line' with a person granted Section 67 leave)

If a learner has had to renew their leave, they will only need to have been ordinarily resident from the date of the renewal. For family members of those with refugee status, humanitarian protection or stateless leave, this applies since the last grant of any type of leave.

This change aligns those with humanitarian protection, stateless leave, Calais leave and Section 67 leave to the current eligibility criteria for those with refugee status.


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