Studying in Europe

[lily123]

Hello all,

I would greatly appreciate any help that I could get regarding my daughters education status.
My family got Discretionary Leave (Biometric Residence Permit) two weeks ago for 30 months. I have a Sri Lankan Passport and I am not a British national.

She wants to go to University abroad for a 6 year course. However, we only have a 30 month BRP. The problem is that I can't send her to University here as she will be considered an international student since we haven't lived here for a full 3 years legally and we do not have indefinite leave to remain. Currently, the BRP prevents us from receiving any "public funds" - this includes student loans.

If she goes abroad to study in the EU, after 30 months how will I be able to renew her visa?

Thank you, and any advice is appreciated!

[CR001]

As your daughter is over 18, she will likely not qualify to extend her visa with the family if she is choosing to live abroad and not in the UK.

She would be an international student in Europe too and will need a student visa for whichever country she chooses. But think carefully, as this will likely close the door to the UK for her.

[lily123]

Thanks Char. Do you think she will be able to renew her BRP as she will still have family ties here?

Thanks again,

[CR001]

No, not if she is not living and residing in the UK. Please remember that your/her visa is DISCRETIONARY, no guarantees.

From your previous posts, you stated you and your family overstayed for 10 years and have now been granted DLR. Is it really worth the risk after such a long time and finally getting legal status?? Why doesn't she look at doing an apprenticeship of college course instead? Or getting a job and studying part time?

How would she pay for her university costs in Europe and for her accommodation costs? And still keep to the conditions of whichever country student visa she gets?

[lily123]

No, not if she is not living and residing in the UK. Please remember that your/her visa is DISCRETIONARY, no guarantees.

From your previous posts, you stated you and your family overstayed for 10 years and have now been granted DLR. Is it really worth the risk after such a long time and finally getting legal status?? Why doesn't she look at doing an apprenticeship of college course instead? Or getting a job and studying part time?

How would she pay for her university costs in Europe and for her accommodation costs? And still keep to the conditions of whichever country student visa she gets?

Thank you for your help.

[lily123]

Hello all,

I needed some more clarification on this:

This is an extract from the letter rom the HO:
"Consideration has been given under paragraphs 276ADE of the Immigaration Rules and you have been granted leave within the Immigration rules under paragraph 276BE because you are aged 18 years or above and under 25 years, and have spent at least half of your life living continuously in the United Kingdom."

The BRP just says "Leave to Remain" as well as "No public funds" and Work permitted. Note that the BRP does not indicate whether it is Limited/Discretionary.

My question is, she is studying, but she cannot apply for a student loan (so she classifies as an international student) - can she go and study abroad? How often will she have to return? And how will she be able to renwew her Visa after 30 months considering that she has family here.

Thanks,

[CR001]

No, not if she is not living and residing in the UK. Please remember that your/her visa is DISCRETIONARY, no guarantees.

From your previous posts, you stated you and your family overstayed for 10 years and have now been granted DLR. Is it really worth the risk after such a long time and finally getting legal status?? Why doesn't she look at doing an apprenticeship of college course instead? Or getting a job and studying part time?

How would she pay for her university costs in Europe and for her accommodation costs? And still keep to the conditions of whichever country student visa she gets?

She will be considered an international student in EU countries too.

[Reus]

first of all
1. A student loan is not a public fund and therefore is entitled to it.
2. She wont be granted a student loan cos she fails the 3 year pre-residency rule but that doesnt stop you from just trying. who knows anything cud happen and get her granted.
3.Having a leave to remain does not make u an international student so therefore isnt considered international student.
i stand to be corrected but this is what iknow from what ive read.

[noajthan]

Students, or rather applicants, on DLR do not or did not qualify for regular UK funding.

Unfortunately, if you have discretionary leave to remain (DLR) or are an asylum seeker the university will usually consider you as an international (or overseas) student

See here for some ideas and options:
https://www.refugeecouncil.org.uk/asset ... unding.pdf

However this recent judgement offers hope to those on DLR - Tigere [2015] UKSC 57 (29 July 2015):
https://asadakhan.wordpress.com/2015/08 ... -unlawful/

... good news for those with discretionary leave to remain (DLR) because they can no longer be denied student funding on the ground that they are not settled.

See also:
http://www.immigrationboards.com/genera ... 11390.html