Legal News

Labour MPs and a legal charity are challenging government restrictions on eligibility for student finance, which applies to students who cannot fulfil immigration conditions, even if they have lived in the UK since early childhood.

The Guardian reports that legal charity Just for Kids Law told the Supreme Court that “an increasing number of young people have contacted [us], having found that they are ineligible for student support – many are deeply affected by it”.

In a submission to the Supreme Court the charity added:

“Many have resided in the UK for more than half of their life – and as a consequence have received all of their secondary and at least some primary education [here].

“Many were not aware of their immigration status until they applied for student support.

“[They] would be the first in their family to attend university – and face significant periods until they will be eligible to apply for indefinite leave to remain in the UK.”

Some are calling for such students to be given loans to help them afford a university education – it is estimated that between 500 and 2,400 pupils every year are affected by immigration restrictions.

Even when offered places, colleges charge such students much higher fees applied to international students – fees can be as high as £26,000 a year.

British nationals pay £9,000 a year in tuition fees.

The coalition government drafted the regulations in 2011. Lawyers for the business department told the court that only those considered settled in the UK and “ordinarily resident” were entitled to university loans.

However, Just for Kids Law said that research by the business department shows that the average lifetime benefit to the national exchequer through tax and national insurance contributions is around £264,000 for men and £318,000 for women graduates – far in excess of the cost of loans to students affected by immigration regulations.

Labour MPs joined a demonstration in support of the case outside the court in Westminster on Wednesday (24/06/15) morning, including the former universities minister, David Lammy MP, who said:

“These are young people who are going to make a huge contribution to society. They are among the brightest. We are denying them the opportunity of making a contribution.

“There’s no way that these young people – whose parents are first generation immigrants who are working as cleaners, drivers or security guards – can pay for these kind of fees of over £20,000.”

The newly elected MP for Ealing Central and Acton, Rupa Huq, added:

“These kids have grown up here – but just because they have the wrong status they are being denied education. It should be a fundamental right, not a privilege.”

Duncan Lewis Immigration Solicitors

Duncan Lewis immigration solicitors can advise migrants from the EU and non-EU countries on a wide range of immigration matters, including student visas, entrepreneur visas and five-year work permits.

Duncan Lewis is also able to advise on:

• Asylum and asylum appeals
• Fast-track detention
• Human Rights Act
• Illegal entry to the UK
• Marriage in the UK
• Right to work in the UK
• Visa overstays.

For expert legal advice on UK immigration law, call Duncan Lewis immigration solicitors on 020 7923 4020.