HC Deb 15 June 2004 vol 422 cc905-7W
Mr. Clifton-Brown

To ask the Secretary of State for Education and Skills if he will set out the educational provision and access to state education within the UK for

Eligibility for further education
EU citizens Non-EU citizens with work permits Non-EU citizens with student visas Asylum seekers
Young people
Young people aged 16 to 19 Eligible for public funding if: EU national and resident in EEA for three years or UK passport holder. Otherwise, liable for tuition fees at overseas rate. Eligible for public funding if: resident in England for three years; or if accompanying parents with work permits. Otherwise, liable for tuition fees at overseas rate. Ineligible for public funding. May access FE at overseas student tuition fee rates. Eligible for public funding if supported by NASS or similar, or in the care of local authority. Otherwise, liable for tuition fees at overseas rate.
Adults
Adults eligible for public funding may be required to contribute to the costs of their learning. There is a fee assumption that adult adults will contribute 25 per cent. of the basic cost of the course. This fee contribution may be varied at the discretion of the college. Fees for adults on low incomes may be waived. Eligible for public funding if: EU national and resident in EEA for three years Otherwise, liable for tuition fees at overseas rate Eligible for public funding if resident in England for three years. Otherwise, liable for tuition fees at overseas rate. Ineligible for public funding. May access FE at overseas student tuition fee rates. Eligible for public funding if supported by NASS or similar. Otherwise, liable for tuition fees at overseas rate.
FE Learner Support Funds
All eligibility constraints on Learning Support Funding (LSF), for learners 16–18 who are undertaking state/ publicly funded courses have been removed. All learners enrolled on a LSC funded sixth form or FE course will have access to LSF including funding for transport, child care, residential and hardship. EU citizens aged 16–19 are eligible for FE Learner Support Funds if they have seen ordinarily resident in the UK for a three year period and have settled status in the UK. These students aged 19 plus are eligible for FE learner support funds if: (i) The student has been settled in the UK (i) The with no restriction on the period of stay) (ii) Elie student must have Non EU citizens with work permits are not eligible for FE Learning Support Funds. Non EU citizens with s are not eligible for FE Learning Support Funds. Asylum seekers aged between 16 and 19 are entitled to apply for help with essential course related expenses such as transport, equipment, books and materials. Those 19 plus with pending cases are not eligible for FE Learner Support Funds until ELE/ Exception Leave to Remain has been granted and provided they satisfy the three year residency

(a) EU citizens, (b) non-EU citizens with work permits, (c) non-EU citizens with student visas and (d) asylum seekers pending determination of their cases. [177820]

Alan Johnson

For children, local education authorities have a legal duty to ensure that education is available to all those of compulsory school age (five to 16 years) within their area appropriate to age, abilities and aptitudes and any special education needs they may have, irrespective of the child's immigration status or rights of residence in a particular area.

All groups specified can study within FE and HE institutions in the UK subject to available places and meeting admissions criteria.

Eligibility for funded provision among these groups varies for FE and HE. In FE and HE, EU citizens who have been ordinarily resident in the European Economic Area (plus Switzerland) for three years before their course starts are eligible for home fee status. In FE, work permit holders who have been here for three years or more and asylum seekers who are in receipt of NASS benefits are eligible for home fees status, the other groups mentioned by the hon. Member are liable for tuition fees at the overseas rate. In HE, non-EU citizens with work permits or student visas and asylum seekers pending determination of their cases are not eligible for funded provision. However, people recognised as refugees by the UK Government are entitled to home fee status.

Eligibility for FE Learner Support Funds and HE student support also vary. Further information setting out these variations in more detail is as follows.

Eligibility for further education
EU citizens Non-EU citizens with work permits Non-EU citizens with student visas Asylum seekers
been ordinarily resident in England or Wales and settled in the UK for the three years before the beginning of the course (iii) No part of the residence must have been mainly or wholly for the purposes of receiving an education. requirement or refugee status has been granted.

Eligibility for higher education

EU nationals

EU nationals who have been resident in the EEA (or Switzerland) for three years before their course starts are entitled to be assessed for tuition fees as "home" students. The "home" rate of fees for 2004/05 is £1,150.

EU nationals are entitled to means tested help with their tuition fees but not entitled to a maintenance loan or any supplementary grants unless they are EEA migrant workers or have settled status in the UK and meet the three year residence requirement in the UK and Islands.

Non-EU citizens with work permits or student visas

Non-EU citizens with work permits or student visas are generally classified as "overseas" students and have to pay the full cost of their tuition.

Non-EU citizens with work permits or student visas are not eligible for higher education student support.

Asylum seekers

Asylum seekers pending determination of their cases are treated as overseas students. Those Asylum Seekers and their dependants who have been granted Discretionary Leave or Humanitarian Protection from the Home Office as a result of an asylum application or are formally recognised as a refugee by the UK Government may be treated as "home" students.

Asylum seekers and their dependants do not qualify for higher education student support.