1. Residency Workshop Scottish Funding Council conference 04 June 2014 Leia Fitzgerald – Higher Education & Science Division, Scottish Government Julia Reid - SAAS

2. Contents Policy Changes for 2016-2017 – VPRS EU referendum Afghan Locally Employed Scheme Unusual immigration status General advice and guidance Q & A Contact details

3. Policy changes for 2016-2016: Syrian Vulnerable Persons Relocation Scheme/Vulnerable Persons Resettlement Scheme

4. Syrian Vulnerable Persons Relocation/Resettlement Scheme The scheme will bring 20,000 refugees to the UK by 2020. Refugees will come from camps in five countries in the region – Egypt, Iraq, Turkey, Lebanon and Jordan. People arriving under this programme will be given five years’ Humanitarian Protection, after which they will be able to apply for asylum. Criteria for selecting refugees include those who have experienced torture, those with severe medical needs, women and girls at risk of sexual violence and those at risk because of their sexual orientation or gender identity. The Scottish Government has committed to taking 10% of the refugees who come to the UK. This would equate to 2,000 refugees coming to Scotland over the five years of the programme if numbers remain at the current level.

5. Syrian Vulnerable Persons Relocation Scheme/Vulnerable Persons Resettlement Scheme An amendment has been made to the following regulations: Further Education The Education Maintenance Allowances (Scotland) Regulations 2007 The Education (Fees and Awards) (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

6. Syrian Vulnerable Persons Relocation/Resettlement Scheme Is a Syrian national who has been granted humanitarian protection to enter the UK under the Syrian VPRS; and Has been ordinarily resident in the United Kingdom and Islands at all times since they were granted Humanitarian Protection; and Is ordinarily resident in Scotland on the relevant day Or Is the spouse, civil partner or child of a person above and; Is ordinarily resident in Scotland on the relevant day NB Syrian nationals who have not been granted entry to the UK under the VPRS may still be eligible for support if they meet one of the other criteria laid out in the regulations e.g. they have ILR, refugee status etc.

7. Afghan Locally Employed Scheme (LES)

8. Some Afghan nationals who worked as interpreters for the British Army have been granted leave to enter the UK under the LES. While the LES does provide individuals leave to remain in the UK (including ‘recourse to public funds’) for a set period, they are not settled within the meaning of the Immigration Act 1971 nor have they been granted refugee status or Humanitarian Protection.

9. Afghan Locally Employed Scheme (LES) Therefore, a student who applies to attend college or university with this type of visa is not eligible for tuition fee and living-cost support as they do not meet the residency rules However, should these individuals go on to apply for and be granted Indefinite Leave to remain in the UK, they may become eligible for support for a future course of study. NB Afghan nationals who have not been granted entry to the UK under the LES may be eligible for support if they meet one of the other criteria laid out in the regulations e.g. they have ILR, refugee status etc.

10. Afghan Locally Employed Scheme (LES)

12. More information: https://www.gov.uk/government/publications/afghanistan-locally- employed-staff-ex-gratia-scheme

13. Stateless persons

14. A person can apply for leave to stay in the UK as a stateless person if they you are not recognised as a citizen of any country. For example the Kuwaiti Bidoon who the Kuwaiti authorities do not recognise as Kuwaiti nationals. However there is no defined set of groups that the criteria applies to. The decision to grant this status is made by the Home Office.

15. Stateless persons A stateless person may first claim for asylum or HP and be turned down and then make an application to be granted leave as they are stateless. However, there is no requirement for them to do this first. A grant of leave as a stateless person is made under the immigration rules normally for 30 months. During the period of limited leave they are able to access public funds. Once the required period of residence is built up (5 years) and provided they meet the other requirements they may apply for ILR.

16. Leave to enter the UK outside the rules Leave to Enter the UK Outside the Rules (LOTR) If a person does not qualify for Leave to Enter (LTE) the UK under the Immigration, asylum or Discretionary Leave (DL) rules, the Home Office can, because of the person’s exceptional circumstances, grant them Leave to Enter Outside the Rules (LOTR).

17. EU referendum

18. The Scottish Government believes that EU membership is in the best interests of Scotland, which is why we are making a positive, constructive case for staying in the European Union. The Scottish Government is not preparing for Brexit, but focussing on making the positive case for Scotland and the UK to remain within the EU. For more than 40-years, we have experienced the social, economic and cultural benefits of EU membership, including the freedom to live, study, work, trade or travel across the 28 member states.

19. EU referendum In the UK formally leaves the EU, students who start/ed their course in academic year 2016/2017 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.

20. Public Funds ‘Public Funds’ are defined in immigration legislation as: income-based jobseeker’s allowance income support child tax credit universal credit working tax credit a social fund payment child benefit housing benefit council tax benefit council tax reduction domestic rate relief (Northern Ireland) state pension credit attendance allowance severe disablement allowance personal independence payment carer’s allowance disability living allowance an allocation of local authority housing local authority homelessness assistance

21. Public Funds More information: Home Office guidance - https://www.gov.uk/government/publications/public- funds--2/public-funds https://www.gov.uk/government/publications/public- funds--2/public-funds Legislation - http://www.legislation.gov.uk/ukpga/1999/33/section/115 http://www.legislation.gov.uk/ukpga/1999/33/section/115

22. General advice and guidance SFC forum – more information coming soon FE Bursary Officers Residency Guide – 2016 edition is currently being updated and will be sent out shortly Home office docs – https://www.gov.uk/government/uploads/system/uploads/attachment _data/file/441957/employers_guide_to_acceptable_right_to_work_d ocuments_v5.pdf https://www.gov.uk/government/uploads/system/uploads/attachment _data/file/441957/employers_guide_to_acceptable_right_to_work_d ocuments_v5.pdf EU docs - http://www.consilium.europa.eu/prado/EN/prado-start- page.htmlhttp://www.consilium.europa.eu/prado/EN/prado-start- page.html SAAS residency webpages - UKCISA – www.ukcisa.org.ukwww.ukcisa.org.uk

23. Q & A

24. Contact details SFC – Jane Scott jscott@sfc.ac.uk SAAS – Julia Reid saaspolicy@scotlandgsi.gov.uk saaspolicy@scotlandgsi.gov.uk HES – Leia Fitzgerald leia.fitzgerald@gov.scot