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UKSolicitorJA, Solicitor
Category: UK Immigration Law
Satisfied Customers: 4312
Experience:  English Solicitor and UK Immigration Law Expert
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Customer Question

how are you all. I have got an issue that's been worrying and still is. I am a zimbabwean national who migrated to the U.K in 2002. I have stayed here all this time but at some point between August 2004 and june 2009 didn't have a visa. I was then issued a descretionary leave to ramain in june. However this type of stay didn't come with any notification of entitlements. I enrolled for a cours at a university and wasn't granted a tuition fee loan from SLC England. I have been paying my fees but it's becoming tough for me especially with the increasing course work. I have very limited time for studying as I have to work as well so I can foot the bills as well as fees. I don' know if there is any door that i need to knock to have my dilema sorted or at least halfed. pliz any help from anyone is welcome I am in dire need. thank you.
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  UKSolicitorJA replied 4 years ago.

I am happy to deal with your UK immigration law issues. Could you please give fuether details about your course, which college/university, are you paying home fees?

Thank you
Customer: replied 4 years ago.
I am studying Electrical and Electronic Engineering at the University of Leicester. I am about to come to the completion of my first year and the university itself considered me a home student based on the fact that I have been resident in the U.K. and have a U.K. Btech National Diploma attained at Thurrock and Basildon College in 2008. However to access tuition fee loan from the gorvenment has proved hard and at the moment am having to work to pay for education.
Expert:  UKSolicitorJA replied 4 years ago.
Thank you.

I think the issue has arisen due to a change of the law in 2011 which removed the rights of applicants with discretionary leave to remain to apply for student funding, see paragraph 83 on page 25 of this document:

See here for more details about people with discretionary leave:

You should try and see if you are able to obtain any scholarship, bursary or maintanence grant.

Hope this helps. Please click Accept
Customer: replied 4 years ago.

This is the same thing that is bothering me all the time. You have just given me the same information as I was given when i applied for university funding. My question is what is being said so far is just how the system runs but cant there be descretions for every case as situations are different and I feel every case need to be judged with its own merits instead of just passing a collective judgement.

why is it that there is/are so much differences in society? Why are other people deprived of the same privilages that orthers so cherish very much? Don't we talk about fair access to education for all especially if one has demonstrated that they are capable of and are willing and commited to undertake such a disciplined career. why deprive them where is the Investor In people. there might be certain criterias to be met but end of the day we all form one society and one that seeks progression in the right way should be given a chance or a little help its what makes the difference and bond people together. I have been paying N.I contributions and pay as you earn but what for, don't get any help from anyone or just an outcast

Expert:  UKSolicitorJA replied 4 years ago.
Thank you.

You should try and fight your case on the basis that you were issued Discretionary leave to remain in 2009 before the 2011 changes and as such you should qualify for student funding on the basis of the rules applicable in 2009.

Hope this helps. I am afraid I have nothing other to add and can only advise on the law, however unjust it may be. Please click Accept

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