Policy paper

Access to student finance in England: late applications to the EU Settlement Scheme

Updated 15 January 2024

Applies to England

Late applications

The closing date for the EU Settlement Scheme (EUSS) was 30 June 2021.

After this date, European Union (EU), other European Economic Area (EEA) and Swiss nationals applying for courses starting in the academic year 2021 to 2022 will generally be awarded student finance from Student Finance England only if they have been granted settled or pre-settled status under the EUSS.

However, there may be applicants for student finance for the 2021 to 2022 academic year and beyond, who have reasonable grounds for making a late application to the EUSS. There may also be some applicants who have made an in-time EUSS application but are still waiting on a final decision on their status from the Home Office, including those that have lodged an appeal. Once a valid application has been made to the EUSS (evidenced by receipt of a certificate of application (COA)), the applicant will have temporary protection, pending the outcome of that application. Also see the Home Office student sponsor guidance on sponsorship duties.

Eligibility requirements

For those who have made a late application to the EUSS, the Student Loans Company (SLC) will make an initial assessment of eligibility and will require original evidence of:

• identity
• 3 years’ residence in the relevant area
• relationship to a family member (if applicable)
• a certificate of application (COA)

Prior to, or at the start of the next academic year, contact will be made with students who require status under the EUSS and have not yet provided a valid share code to request evidence of that status, or of an ongoing application or appeal with the Home Office. If evidence is provided, the SLC will confirm the student’s eligibility or, if evidence is not provided, will confirm that the student is not eligible.

For applicants that have an application or appeal pending with the Home Office at the beginning of the academic year, the SLC will treat them as eligible for that academic year if they meet the other standard eligibility criteria, including on residency. If the final determination is refusal of the application, the applicant should notify the SLC immediately, and will cease to be eligible in respect of the following academic year(s).

Where an applicant living in the UK before the end of the transition period has failed to apply to the EUSS by 30 June 2021 deadline, but does so at a later date, any period of unlawful residence in the UK and Islands from 1 July 2021 to the date a valid late application is made is to be treated as lawful residence for the purpose of considering the 3-year ordinary residence requirement.

Eligible family members

Eligible family members of EEA and Swiss nationals covered by the Withdrawal Agreement may come to the UK to join their family member. See separate note on joining family members under the EU Settlement Scheme.

Those who fail to apply to the EUSS within the applicable deadline (the later of 30 June 2021 or 3 months from arrival in the UK) but do so at a later date, any period of unlawful residence in the UK and Islands beyond the expiry of the deadline up to the date a valid late application is made is to be treated as lawful residence for the purpose of considering the 3-year ordinary residence requirement.

Assessing applications for support

The SLC publishes an assessing eligibility guide. We suggest institutions review this guidance and consider how to deal with late applications, bearing in mind their rights under the Withdrawal Agreement. The Department for Education would expect institutions to apply a similar approach when assessing home fee status.

Institutions may also wish to note that, under the regulations relevant to home fee status for those covered by the Withdrawal Agreements, the relevant date for assessing whether a person falls into an eligibility category is the first day of an academic year.