Scottish Funding Council conference Residency Workshop Scottish Funding Council conference 1st June 2017 Leia Fitzgerald – Higher Education & Science Division, Scottish Government

Contents Policy Changes for 2017-2018 Brexit Advice and guidance Q & A Contact details

Policy changes for 2017-2018 Introduction of a ‘Long Residence’ Rule Change to the residency criteria for nursing and midwifery students

Long Residence Rule Current main residence criteria: A person who– (a) is ordinarily resident in Scotland on the relevant date; (b) has been ordinarily resident in the United Kingdom and Islands throughout the period of 3 years immediately preceding the relevant date; and (c) is settled in the United Kingdom within the meaning given by section 33(2A) of the Immigration Act 19711 on the relevant date.

Long Residence Rule New criteria: A person who– (a) is ordinarily resident in Scotland on the relevant date; (b) has been ordinarily resident in the United Kingdom and Islands throughout the period of 3 years immediately preceding the relevant date; and (i) settled in the United Kingdom within the meaning given by section 33(2A)() of the Immigration Act 1971 on the first day of the first academic year of the course; (ii) under the age of 18 and has lived in the United Kingdom throughout the seven-year period preceding the first day of the first academic year of the course; or (iii) aged 18 years old or above and, preceding the first day of the first academic year of the course, has lived in the United Kingdom throughout either half his or her life or a period of twenty years.

Long Residence Rule The amendments have been guided by the decision of the Supreme Court in R(on the application of Tigere) v Secretary of State for Business, Innovation and Skills [2015] UKSC 57 On 29 July 2015, in the case of R(on the application of Tigere) v Secretary of State for Business, Innovation and Skills, the UK Supreme Court ruled that the application of the equivalent provision in the Education (Student Support) Regulations 2011 in England which prevented a Zambian national who had been resident in the UK from the age of six, but without indefinite leave to remain, from receiving a student loan in England was an unjustified breach of her rights under the ECHR – namely, her right to education under Article 2 of the First Protocol when read with the prohibition of discrimination under Article 14.  

Long residence rule Further Education   The Education Maintenance Allowances (Scotland) Regulations 2007 The Education Authority Bursaries (Scotland) Regulations 2007 The Further Education Bursary Direction and Determination Higher Education The Education (Fees) Scotland Regulations 2011 The Education (Student Loans for Tuition Fees) (Scotland) Regulations 2006 The Education (Student Loans) (Scotland) Regulations 2007 The Students’ Allowances (Scotland) Regulations 2007 The Nursing and Midwifery Student Allowances (Scotland) Regulations 2007 The SSI will be laid in the Scottish Parliament on 2nd June 2017 and will come into force on 1st August 2017. Long residence rule

Residency criteria for nursing and midwifery students Prior to academic year 2017/2018 English, Welsh and Northern Irish students undertaking nursing and midwifery courses in Scotland could apply to SAAS for the Nursing and Midwifery bursary. Following a review, from 2017/2018 English, Welsh and Northern Irish students will apply to their home funding body for tuition fee and living-cost support.

Brexit

Brexit The Scottish Government believes that membership of the EU is in the best interests of Scotland. As the First Minister has made clear, we are intent on pursuing all options to maintain our relationship with the EU so that these benefits can be preserved. We will be considering how Scotland’s Further and Higher Education sector maintains its strong relationship with partners in the EU and how students from elsewhere in the EU can continue to benefit from a first class education in Scotland.

Brexit EU, students who start/ed their course in academic year 2017/2018 or before will continue to be eligible for tuition fee/living-cost support for the duration of their course. That's because the funding arrangements in place at the start of their course would apply for the duration of their course. On 24/03/17 the Scottish Government confirmed that Students who start their course in 2018/2019 will also be eligible for funding for the duration of their studies. https://news.gov.scot/news/eu-student-status-confirmed

Brexit Longer-term funding arrangements regarding EU students will be determined as part of wider discussions on the UK’s membership of the EU and the form of any association that a post-Brexit Scotland or the wider UK has with the EU. The Scottish Government will continue to press the UK Government for clarity on funding and immigration for staff and students in regards to Brexit.

General advice and guidance FE Bursary Officers Residency Guide – 2017 edition is currently being updated and will be sent out shortly SAAS residency webpages - http://www.saas.gov.uk/_forms/residence.pdf UK Visas and Immigration - https://www.gov.uk/government/organisations/uk-visas-and-immigration UKCISA – www.ukcisa.org.uk

Q & A Now over to attendees – please ask anything!

Contact details SFC – Jane Scott jscott@sfc.ac.uk SAAS – SAASPolicy@gov.scot HES – Leia Fitzgerald leia.fitzgerald@gov.scot