We have two students (one aged 17, the other aged 22) whose previous residency has been Goa (India), they have not been resident in EEA or UK for 3 years but have European passports (both Portuguese). We are classifying them as overseas and not eligible for funding. Is there a rule which we’ve missed that could make them “Home” and thus funded?
Different rules apply for under 19s and over 19s (inevitably!).
Very few under 19s who are in the country legally (except those on student visas) are not fundable. I wonder if your 17 year old would come under 28.a in the guidance?
28. In addition to the groups above, the ESFA will also consider the following groups of students (including those who may not have lived in the UK for the last 3 years) aged up to and including the age of 18 as eligible for funding.
a. those who are accompanying or joining parents or spouses or civil partners who have the right of abode or leave to enter or remain in the UK (or accompanying or joining relevant family members, usually parents, who are EEA nationals), or those who are children of diplomats
Your 22 year old is a bit trickier, but if they are a Family Member of an EU citizen who *has* been here for three years then Para 44.2 (and the little table) of the Funding Rules will apply and they may be fundable. You’d need to see evidence of the relationship and how long the EU citizen has been ordinarily resident.