Entitlements To Education For Asylum Seekers & Refugees (16+)

Contrary to popular belief, there are no legal restrictions to studying in the UK, and you can study the course of your choice as long as you meet the following criteria:

• You must be able to meet the entry requirements of the course by having the required level of English and any relevant qualifications or experience, and
• You must be able to pay for the course and support yourself while studying.

This leaflet gives a brief guide to the funding and other entitlements that may affect your choice of education and training.

Note: Changes in Exceptional Leave to Remain (ELR) or Enter (ELE)

From 1^st April 2003, ELR or ELE are being replaced by Humanitarian Protection (HP) and, in some cases, Discretionary Leave (DL). Those granted HP or DL will have the same entitlements to education as those with ELR/ELE.

English for Speakers of Other Languages (ESOL)

If you need support with English language skills there is no limit on the number of hours you can study and continue to receive your benefits/support. ESOL classes at Further Education (FE) colleges are free, although private language schools usually charge high fees. Contact your local FE College or Adult Education provider for details of local ESOL courses.

Further Education (FE)

FE describes state sector courses for those aged over 16 studying below HND level.

• From September 2003, Asylum Seekers and those with ELR/ELE/HP/DL who do not meet the 3-year residence requirement and are aged 16 - 18 will be eligible for the new Learner Support Fund. For others, the financial eligibility criteria are the same as described below under Undergraduate Study.
• For part time courses (usually less than 16 contact hours per week) concessionary (low) fee rates apply if you are receiving any form of benefits. This includes support from NASS.

Educational Maintenance Allowances (EMAs)

Asylum seekers are not eligible to apply for these awards.

These awards are made by Local Education Authorities for children who are staying on at school beyond the legal school-leaving age (16) to people on low incomes.

However, policy varies between authorities and payments are made at the LA’s discretion. You will receive weekly subsistence payments for as long as you continue to keep to your learning agreement.

To qualify for an award you must:

• Be aged between 16 and 19; and
• Be on a full time course, which leads to a qualification up to and including "level 3" e.g. GNVQ Advanced, A Levels, NVQ 3; and
• Have a learning agreement from your college, which includes your goals and work and attendance requirements; and
• Be assessed as coming from a financially disadvantaged background.

Higher Education: Undergraduate Study

Undergraduate study includes 1^st degree courses and Higher National Certificates and Diplomas (HNC/Ds). Funding available includes Student Loans (awarded through your Local Authority (LA) to help with living costs), Discretionary Awards (given by the LA to those thought most in need, though very rarely awarded), and Accessand Hardship Funds (awarded by the college or university to students who are thought most in need).

The eligibility criteria for these types of funding are as follows:

• If you are an asylum seeker, you are not eligible for these loans/awards no matter how long you have lived in the UK.
• If you have ELR/ELE/HP/DL you are eligible if you have lived in the UK for 3 years before the start of the course. If you applied for asylum in-country, the date of your residence usually begins from the date of your arrival in the UK. Seek specialist advice to check your own eligibility.
• If you have Indefinite Leave to Remain (ILR) as a refugee, you are eligible regardless of how long you have lived in the UK.

Rates of fees: The amount you pay for your course depends on your immigration status. If you have ELR/ELE/HP/DL or ILR as a refugee, you are entitled to pay fees at the ‘home’ rate. If you are an asylum seeker, you can be charged the higher ‘overseas’ rate of fees. Some universities charge asylum seekers at the lower rate on a discretionary basis.

Higher Education: Postgraduate Awards

These awards are granted by Research Councils on a competitive basis. Getting a place on a course and meeting the eligibility criteria does not guarantee an award. Applicants must have a good first degree, usually awarded by a UK university. Eligibility criteria for postgraduate awards are the same as for Student Loans (see Undergraduate Study above). Some Post Graduate teaching courses attract additional statutory funding.

Educational Trusts and Charities

There are a number charitable trusts that provide financial support to students. For assistance, contact the Educational Grants Advisory Service (Tel. 020 7249 6636) and directories in your local library, such as The Educational Grants Directory or A Guide To Grants For Individuals in Need, published by the Directory for Social Change. Check each funder’s eligibility criteria carefully before applying to make sure that both you and your intended course are eligible.

University Funds

Some universities and colleges offer awards and bursaries. The establishment itself, or the Students' Union might have a hardship fund, which offers limited financial assistance to students in difficulty.

Industrial Sponsorship

Some companies provide sponsorship for certain courses. Engineering (especially electrical, electronic and mechanical engineering) offers the most sponsorship opportunities. Check the "Sponsorship for Students" directory in a local library.

Career Development Loans (CDLs)

Asylum seekers are not eligible for these loans.

This is a bank loan to help to pay for vocational education or training. You may be eligible if you have ELR/ELE/HP/DL or ILR as a refugee, provided you are over 18 and meet the scheme’s requirements. CDLs are available through a partnership arrangement between the government and high street banks. Students can borrow between £300 and £8000 to cover up to 80% of course fees, plus the full cost of books, materials and other course expenses. For more information on CDLs telephone LearnDirect on 0800 585 505.

Government Training Programmes

These are work related programmes. Those with ELR/ELE/HP/DL or ILR as a refugee are eligible. Asylum seekers who have permission to work may be eligible for either of the following programmes.

New Deal

This is a government initiative run by Employment Services for some people in receipt of benefits (Job Seekers Allowance, Income Support, Disability Benefits). The scheme entitles you to:

• Personal advice and guidance to help develop a training and career plan.
• Taster courses in areas of work or training that may be of interest to you.
• Job preparation, confidence building and personal awareness programmes.
• Full time placement in training, education and voluntary or environmental work for up to one year.
• Additional payments for travel and expenses on top of your benefits.

Contact your local Employment Services for more information.

Work Based Training/Learning

This form of training is mainly provided through private training organisations on behalf of local Learning and Skills Councils. These schemes will generally provide:

• Vocational training up to NVQ level 2 or 3.
• Work placement in the vocational area being followed.
• Help with literacy, numeracy and IT skills.
• Employment support and job preparation e.g. CV building and job search.
• Additional payments for travel and expenses on top of your usual benefits.

The eligibility criteria are the same as those for New Deal (see above).

Please note that the information in this leaflet is not intended to be a full explanation of the law or of your rights: for detailed advice about your own circumstances, you should contact a specialist adviser or a solicitor.

For further information, contact one of the ROAP partnership organisations:

For advice on the asylum process contact:

Asylum Aid

28 Commercial Street

London E1 6LS

Tel. 020 7377 5123

Fax. 020 7247 7789

For advice on welfare benefits and asylum support contact:

Central London Advice Service (CLAS)

Derry House

Penfold Street

London NW8 8HJ

Tel. 020 7402 6750 ext. 23

Fax. 020 7224 8264

For advice on education, training and employment contact:

Refugee Education & Training Advisory Service (RETAS)

14 Dufferin Street

London EC1Y 8PD

Tel. 020 7426 5837/5817

Fax. 020 7251 1314

Printed April 2003