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

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

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

4. 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 on the relevant date.

5. 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.

6. 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.

7. 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

8. 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.

9. Brexit

10. 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.

11. 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.

12. 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.

13. General advice and guidance
FE Bursary Officers Residency Guide – 2017 edition is currently being updated and will be sent out shortly
SAAS residency webpages -
UK Visas and Immigration -
UKCISA –

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

15. Contact details SFC – Jane Scott jscott@sfc.ac.uk
SAAS –
HES – Leia Fitzgerald