RIGHT TO STUDY AND FUNDING ASSESSMENT POLICY

1.  SUMMARY

• 1.1. Leicester College is obliged by UK Visas and Immigration (UKVI) to ensure that all enrolled students who are ‘subject to immigration control’ have a right to study in the UK, with regard to the Immigration Rules and related legislation, and that proof of this ‘Right to Study’ is on file.

• 1.2. Separately, Leicester College has an obligation to ensure that only those persons entitled to funding under relevant further education funding programs, or those eligible for higher education Student Finance, access these funding sources. Accordingly, an assessment of an applicant’s eligibility for funding, or their ‘Right to Study’ is required prior to an offer of enrolment being made. A ‘Right to Study and Funding Assessment’ will determine if an applicant for admission is ‘Funded’ or ‘Non-Funded’ for fee purposes.

• 1.3. The Right to Study and Funding Assessment relates specifically to access to funding and someone who is not subject to immigration control may still be determined to be Non-Funded for fee purposes, depending on certain factors such as duration of residency.

• 1.4. This Policy applies to all applicants who are subject to immigration control and / or where an applicant’s eligibility to funding is unclear.

• 1.5. This policy should be read in parallel with the Leicester College Fees Policy.

2. PURPOSE OF THIS POLICY

• 2.1. The purpose of this document is to set out Leicester College policy and procedures on matters related to an applicant’s right to study in the UK and their Right to Study and Funding Assessment, with regards to eligibility for funding.

• 2.2. The policy seeks to:

  • 2.2.1. document clearly the College’s approach to conducting Right to Study and Funding Assessments;

  • 2.2.2. outline the procedures to be followed through the various stages of application for admission with regard to the Right to Study and Funding Assessment;

  • 2.2.3. ensure that all applicants who are ‘subject to immigration control’ have been subjected to Right to Study checks and that their right to study has been confirmed before enrolment, and proof of this is on file at Leicester College;

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• 2.2.4. ensure that, for all applicants whose Right to Study and Funding status is unclear or uncertain, a Right to Study and Funding Assessment is completed.

3. APPLICABILITY AND SCOPE

• 3.1. This Policy specifically relates to admissions for applicants who are 1) subject to immigration control; and/or 2) whose Right to Study and Funding Assessment is uncertain or unclear.

• 3.2. It is important to note that Leicester College may be subject to periodic audits of its processes, procedures and filing of Right to Study Assessments (ESFA/UKVI).

• 3.3. This policy has been written specifically to provide clarity and transparency regarding the application and admission processes, protocols and procedures for staff involved in Right to Study and Funding Assessments.

4. RESPONSIBILITY FOR IMPLEMENTATION AND REVIEW

• 4.1. The Director of Student Services and Marketing has oversight of and responsibility for Right to Study and Funding Assessments.

• 4.2. Student Services staff of the College – specifically members of the Welfare and the Information Centre Teams – and ultimately Student Services Managers, have an important day-to-day role in the application of and adherence to this policy.

• 4.3. The Welfare Team has responsibility for maintaining accurate records pertaining to Right to Study and Funding Assessments.

5. DEFINITIONS

• 5.1. In the context of this policy, a person is ‘subject to immigration control’ if they require leave (i.e.: a visa) to enter or to remain in the UK, whether or not such leave has been granted. In effect, that means that only persons that meet one of the following conditions would not be subject to immigration control:

  • 5.1.1. Citizens of the United Kingdom of Great Britain and Northern Ireland (UK);

  • 5.1.2. Citizens of the Republic of Ireland (ref: Common Travel Area Agreement);

  • 5.1.3. Citizens of the European Union (EU), the European Economic Area (EEA) and Switzerland who have Settled Status (granted prior to the establishment of, or through the EU Settlement Scheme);

  • 5.1.4. Foreign nationals with Indefinite Leave to Enter / Remain in the UK (also known as ‘Settlement’)

  • 5.1.5. Refugees and persons with Humanitarian Protection (this category does NOT include Asylum Seekers).

• 5.2. Any reference in the policy to an ‘applicant’ is intended to encompass prospective students as well as enrolled students at any stage from enrolment through to course completion. A Right to Study and Funding Assessment must be completed before a new applicant or returning student is enrolled on a new course (unless there is a note from the RTS Team to state otherwise, their review date is later than the end date of their course, or they do not require a review and have already completed an RTS assessment). We also have UK resident applicants who are not British, and who may have some form of ongoing right to live / study in the UK, but for some reason do not qualify for funding / student finance. We refer to these as UK resident applicants who are “Non-Funded” for fee purposes.

6. APPLICATIONS EU / EEA NATIONALS

• 6.1. Applications received from someone already resident in the UK, AND who has indicated that they are an EU / EEA or Swiss citizen, should be looked-up on EBS / the learner log within EBS to see if they are a former / existing student.

• 6.2. If the applicant is already on the EBS learner log and they are showing as ‘Funded’ with no reassessment required, then they would not require a Right to Study and Funding Assessment and the usual Funded applicant procedure should be followed.

• 6.3. If the applicant has no record on the Learner Log, if they are EU/EEA Nationals (Not Portugal) they need to provide their share code via EBS/Learner Hub.  We will then run a share code report and update the learner log accordingly. If Portuguese, refer for RTS Assessment.

  • 6.3.1. Note that an applicant may have been assessed as ‘Funded’ when they first enrol (if they were 16-18 years old) but they have subsequently turned 19 years. However, if neither the applicant nor the principal meets the 3-year ordinary residency requirement, they could become “Non-Funded” for fee purposes thereafter.

    • 6.3.1.1. This should have been noted in the original Right to Study and Funding Assessment and an EBS alert / reminder created, but if in doubt, refer the applicant for a Right to Study and Funding Assessment.

  • 6.3.2. A note on the EU Settlement Scheme. Any EU/EEA/Swiss National already legally resident in the UK on or before 31 December 2020 is permitted to apply to remain in the UK under the EU Settlement Scheme. EU/EEA nationals who gain(ed) Settled Status via the EU Settlement Scheme can prove their status by providing a ‘share code’ that is generated by them on the “View and prove your immigration status” website (https://www.gov.uk/view-prove-immigrationstatus).

  • 6.3.3. The share code provided by the applicant can then be checked by College staff on the following website: https://www.gov.uk/view-right-to-work  

• 6.4. If an EU/EEA or Swiss national applicant has indicated that they were not resident in the UK on or before 31 December 2020, or they are unable to demonstrate Settled / PreSettled Status via the process set out in 7.2.2 and 7.2.3 above, refer for a RTS Assessment.

• 6.5. This section does not apply to nationals of the Republic of Ireland. Under the provisions of the Common Travel Area agreement, British and Irish citizens can move freely and reside in either jurisdiction and enjoy associated rights and privileges, including the right to work or to study.

7. APPLICATIONS FROM PERSONS RESIDENT IN THE UK – NON-EU / EEA NATIONALS

• 7.1. Applications received from someone already resident in the UK, AND who has indicated that they are NOT a British, Irish or EU / EU national, should be looked-up on the learner log within EBS to see if they are a former / existing student.

• 7.2. If the applicant is already on the EBS learner log and they are showing as ‘Funded’, with no Reassessment required then they would not require a Right to Study and

• Funding Assessment and the usual Funded applicant procedure should be followed;

  • 7.2.1. Note that applicants who are subject to immigration control should NOT be enrolled unless the validity of their leave to remain / visa / BRP extends beyond the last date of proposed enrolment.

  • 7.2.2. Under certain circumstances, if an applicant’s leave to remain / visa expires before the end date of enrolment, we could consider enrolment on the basis that the applicant intends to apply to the Funded Office to extend their leave to remain / visa.

  • 7.2.3. In such cases, this should be confirmed with the RTS Team before the applicant is enrolled, and the applicant should be advised of their obligation to provide to the RTS Team evidence of renewed leave to remain / visa – or proof of application for it –before the expiry of the current leave / visa. Applicants are subject to withdrawal from their course if they do not provide such proof.

• 7.3. If the applicant is NOT on the EBS learner log, the Information Centre should send the standard letter requesting the applicant to contact the College to arrange a suitable time for them to undertake a Right to Study and Funding Assessment with the RTS Team. This request letter is available on EBS. Information Centre Staff should use the link provided on the RTS Booking Page.

• 7.4. After the Right to Study and Funding Assessment is complete, the RTS Team will decide whether the applicant qualifies as “Funded” or “Non-Funded” for fee purposes.

• 7.5. The RTS Team should advise the applicant of the outcome of the assessment and provide the applicant with a copy of the Right to Study and Funding Assessment form, including an acknowledgement of GDPR arrangements on how an applicant’s personal data is managed.

• 7.6. Once the RTS Assessment has been completed, then the Right to Study and Funding Assessment and related documentation will be copied and a copy issued to the applicant and the learner log will be updated by the RTS Team.

  • 7.6.1. In the instance that an applicant is assessed as ‘Non-Funded’ an alert should be created to reflect the applicant’s Right to Study and Funding Assessment and to ensure that the applicant does not enrol without paying the required NonFunded fee.

• 7.7. A note on Asylum Seekers: Asylum seekers who are applying for courses do not need to be re-assessed for Right to Study and Funding Assessment before every enrolment as they may enrol on a termly basis up to 3 times within an academic year – it is sufficient for them to be assessed before the beginning of each new academic year.

8. RIGHT TO STUDY AND FUNDING ASSESSMENT PROCESS

• 8.1. Right to Study and Funding Assessments should be conducted in accordance with the relevant further education and higher education funding guidance in force at the time the Right to Study and Funding Assessment is conducted, with reference to the relevant academic year. 

• 8.2. Detailed information on the Right to Study and Funding Assessment process and how Right to Study and Funding Assessment determinations are made under relevant further education funding programs, or in relation to eligibility rules for higher education Student Finance, is maintained by the RTS Team.

9. RIGHT TO STUDY CHECKS – DOCUMENTATION REQUIREMENTS

• 9.1. An applicant should NOT be enrolled unless ALL the required ID documentation has been confirmed and sighted demonstrating their right to study and for funding. To adhere to ESFA Guidance, we are no longer permitted to store copies of RTS related documentation.  Therefore, we log all the documentation seen within the Assessment form along with the rationale for the subsequent outcome.  This is signed and dated by both Assessor and Applicant, scanned to a secure network and the physical assessment form issued to the applicant.  This is then recorded on the Learner Log within EBS.

• 9.2. It is imperative that before enrolment ALL relevant ID documents are noted within the Right to Study and Funding Assessment form.

  • the applicant’s passport.

  • any UK border entry stamps.

  • any UK visa or BRP card.

  • any associated passports / residence permits (these would be required if an applicant has a dependent’s visa based on a family member / spouse etc.).

• 9.3.      If an applicant’s leave to remain / visa is a spouse visa or some other form of dependent visa (Student Dependent / Tier 2 dependent, child joining parent etc.), then the passport and the visas / BRPs (if applicable) of the principal also need to noted within the Right to Study and Funding Assessment Form.

• 9.4.This ID documentation is required to confirm their Right to Study and Funding entitlement.

10. RIGHT TO STUDY CHECKS – STUDENTS WITH EXPIRING VISAS / RESIDENCE PERMITS

• 10.1. As noted above, special attention should be paid to applicants who have a visa / leave to remain / residence permit with an end date.

• 10.1.1. No applicant should be enrolled on a course that goes longer than their visa / BRP validity without specific permission from RTS Team.

• 10.1.2. There needs to be some flexibility in our processes for an applicant to be enrolled where, at the time of enrolment, the period during which a visa extension or a new visa can be applied for is too far into the future. Applicants should be advised at the time of enrolment that they need to confirm their visa status well before the old visa expires, or risk withdrawal from the program.

11. RIGHT TO STUDY DATABASE

• 11.1. As noted above, the College is required to have documentation on file to confirm the right to study for all enrolled applicants who “subject to immigration control”.

• 11.2. The RTS Team stores completed Right to Study and Funding Assessment documentation to meet these separate responsibilities the College has regarding Funded Office ‘right to study’ audit rules.

• 11.3. Failure to collect necessary ID documentation as part of the Right to Study and Funding Assessment or enrolment process will place the College in breach of this Funded Office requirement. 

11.4. No applicant subject to immigration control should be enrolled unless ALL the required ID documentation is collected at the time of the Right to Study and Funding Assessment.

ANNEX 1 LEICESTER COLLEGE RIGHT TO STUDY CHECK – STEP-BY-STEP

• 1. Is the applicant the holder of a non-UK passport?

  • If yes – make a note of the passport number and Nationality from the passport photo ID page.

  • NOTE: sometimes refugees / asylum seekers do not have a passport – only some other form of ID. If this is the case, please note this on the Right to Study and Funding Assessment paperwork and note whatever ID / documentation they have available.

• 2. Is the applicant the holder of an EU/EEA passport?

  • If yes – confirm whether the applicant is a UK resident with “Settled” or “Presettled” Status under the EU Settlement Scheme.  Verify this by obtaining a share code and enter the share code to confirm their EUSS Status.

  • If no, make a copy of any UK visas and UK entry stamps in the passport and make an assessment as to whether the applicant has a right to live / study in the UK, or to undertake the course that they have applied for – generally, unless an EU national has Settled or Pre-Settled Status, they can only study for a maximum of 6 months.

  • If necessary, refer the applicant to the RTS Team for a determination.

  • If available, note the applicant’s Biometric Residence Permit (BRP)

  • Advise the applicant that we would be unable to enrol them without confirmation of their right to study in the UK / an appropriate visa.

• 3. Is the applicant the holder of a non-EU/EEA passport?

  • If yes – note any UK visas and UK entry stamps in the passport.

  • Note the applicant’s Biometric Residence Permit (BRP) 

  • If the applicant is not subject to immigration control, the right to study checks do not apply to them. However, a Right to Study and Funding Assessment may still be required.

• 4. Does the visa in the passport expire after the course end date?

  • If yes – then the applicant can be enrolled.

  • If no, ask whether the applicant has a UK Biometric Residence Permit (BRP) or another form of UK Residence Card or Residence Permit with a later expiry date; or a letter from the Funded Office / UK Visas and Immigration (UKVI) confirming the applicant has applied for further leave to remain in the UK (i.e..: a new visa or visa renewal) / a residence permit etc.

  • If yes - the applicant can be enrolled

  • If no - the applicant can generally only be enrolled until the end of the validity of the BRP or Residence Permit.

  • Refer the issue to RTS Team for clarification if required.

• Note that any applicant who has a Tier 4 (General) Student Visa or a Student Visa sponsored by another institution cannot be enrolled without an RTS Assessment.

• Note: Sometimes an applicant will have limited validity on their visa, but it is not yet time to apply for further leave to remain / renew their visa etc. In such cases, the applicant can be enrolled, but preferably only until the date their visa / BRP expires.

• If they are enrolled, their visa / BRP expiry date must be noted on the Right to Study and Funding Assessment Form and the applicant advised that they must bring confirmation of their further leave to remain in the UK / new BRP / new visa to the RTS Team, as soon as it’s available.

• The applicant should be advised that they are subject to withdrawal if proof of extended leave to remain / new visa is not provided before the initial visa expires.

STUDENTS ON ‘DEPENDANT’ AND ‘SPOUSE’ VISAS

• 5. Is the applicant on some form of dependent visa?

  This will be noted on the visa in the passport as “spouse”; “joining family member”; “Tier 2 Dependent”; “Tier 4 Dependent” etc.

• If yes - ensure that you note the passport and visa (if applicable) of the ‘principal’ (where applicable) – i.e.: the spouse / parent etc. upon whom the applicant’s visa depends.

• Note: refugees often do not have passports, but dependents / spouses of refugees generally should. If not, please note this clearly on the Right to Study and Funding Assessment paperwork.

STUDENTS WHO ARE ASYLUM SEEKERS

• 6. Is the applicant an asylum seeker?

  • These applicants often will not have a passport. If they do, copy it as per above advice.

  • Asylum seekers generally present with an ARC Card, and Aspen Card and a receipt. note all three.

  • The Funded Office is phasing out ARC cards and is issuing BRP cards. If so, note it as per advice above.

  • However, despite this an increasing number of asylum seekers have not yet been issued with a BRP and do not have an ARC Card – they should have a “Liability to be detained” or “Immigration Bail” letter and this letter should be noted as the ID.

  • If they don’t have one or more of these documents, please note this clearly on the Right to Study and Funding Assessment paperwork.

 ANNEX 2

RIGHT TO STUDY DOCUMENT CHECKLIST

• An applicant MUST NOT be enrolled if relevant necessary ID documentation is not provided or if the applicant’s visa / Residence Permit has expired or will expire before the course end date. Please refer these applicants to the RTS Team.