1. Access to higher education for migrant care leavers 4 December 2015 1

2. 2 Introductions

3. INTRODUCTION What does the Migrant Children’s Project do? Advice line: mcp@coramclc.org.uk / 0207 636 8505mcp@coramclc.org.uk Outreach legal advice work Free legal guidance Training for statutory & voluntary sector professionals Policy work 3

4. INTRODUCTION What kind of issues can we advise on? – Asylum, immigration & nationality law & policy – Trafficking – Age assessment – Support & accommodation including transition at 18 & 21 – Education – Health care – Legal aid & finding a lawyer 4

5. INTRODUCTION Topics for today’s workshop Quick word on access to school and further education How does immigration status affect access to university? What can be done to support former unaccompanied asylum-seeking children and other young people with immigration issues to progress to university? 5

6. Compulsory education should not be affected by status Department for Education: ‘In most cases, children arriving from overseas have the right to attend state-funded schools in England. … You must not refuse a school place simply because of doubts about the child’s immigration status.’ Exceptions: Short-term visitors from non- EEA countries Children with visas to study at private schools 6 abandoned ACCESS TO SCHOOL

7. FURTHER EDUCATION Not a ‘public fund’ Funding for college can be affected by student’s status: 16-19: Education Funding Agency Those eligible include those who are placed in the care of social services, asylum-seekers, those with refugee status/humanitarian protection/discretionary leave, those on section 4 support, European Economic Area citizens and their family members, among others 19+: Skills Funding Agency Those eligible include asylum-seekers and refused asylum-seekers receiving leaving care support under section 23C or section 23CA of the Children Act 1989, among others Can be practical problems proving ID / status Varying practice between colleges Colleges sponsoring Tier 4 international students may be more wary 7

8. HIGHER EDUCATION Not a ‘public fund’ Eligibility for student finance is affected by immigration status (see next slide) International fees for people with some types of immigration status, but university has discretion to charge home fees 8

9. 9 FEES STATUS & STUDENT FINANCE Home feesStudent finance Refugee statusYes Humanitarian protection Yes but must show 3 years’ ordinary residence Indefinite leave to remain (ILR) Yes but must show 3 years’ ordinary residence Asylum-seekerNo (but university discretion) No (consider alternatives) Limited leave to remain / discretionary leave No (but university discretion) See interim policy and consider alternatives Ordinarily resident = residing habitually, normally and lawfully for a settled purpose

10. DISCRETIONARY LEAVE/ LIMITED LEAVE Let Us Learn film https://www.youtube.com/watch?v=LiHS6mxgHT4 10

11. DISCRETIONARY LEAVE/ LIMITED LEAVE Recent Supreme Court case on student finance for those with discretionary leave / limited leave R (Tigere) v Secretary of State for Business, Innovation and Skills [2015] UKSC 57 Supreme Court held that it was unjustifiably discriminatory to deny certain long-term residents with discretionary leave/limited leave access to student finance Relevant for those who have been in the UK a long time 11

12. Government intends to change regulations and in the meantime applying interim policy: As an interim policy measure, the Secretary of State intends to use an adaptation of the Immigration Rule 276ADE(1) … when considering post-Tigere applications for exceptional student support. The Department will consider these individual cases against the following criteria: those under 18 years of age to have lived in the UK for at least 7 years; those aged 18-25 years who have spent at least half their life in the UK; is ordinarily resident in England; and has been ordinarily resident in the United Kingdom and Islands throughout the three year period preceding the first day of the first academic year of the course. 12

13. What if a care leaver is classed as an international student and cannot access student finance? University has discretion to charge home fees or even waive fees – persuade them! If no student loan: Is a scholarship available? Article 26 for those who have claimed asylum, university hardship funds, TIKO Foundation See grants database: https://www.turn2us.org.uk/https://www.turn2us.org.uk/ Local authority pay? In R (Kebede) v Newcastle CC [2013] EWCA Civ 960, the Court of Appeal held that a local authority could in principle be required to pay the university tuition fees of a former relevant child. What is in the pathway plan will be relevant - see R (Nfuni) v Solihull MBC [2013] EWHC 3155 (Admin) – will change under Immigration Bill? 13

14. Habtom is a young person from Eritrea. He arrived in the UK aged 15 and is looked after by the local authority. He is now 18 and still waiting for the Home Office to decide on his leave to remain application submitted when he was 17½. He would like to go to university to study biomedical sciences. What are Habtom’s options? 14

15. 15 CONTACT US! The Migrant Children’s Project Coram Children’s Legal Centre MCP advice line: 020 7636 8505 Email: mcp@coramclc.org.ukmcp@coramclc.org.uk