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Proof of Residency Letter Template

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Proof of Residency Letter Template document sample

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									                          EMA Residency update.

The DfES have worked with the AoC to come up with an agreed approach to
support School and College staff in checking EMA Residency at enrolment.

You will need to take account of the DfES EMA Guidance for Schools and
Colleges on residency, this includes a Residency letter template to be handed
to those young people who do not meet the residency rules for EMA.

This document contains the following:

1. Extract from version 1.1 of EMA Guidance: Annex A: Eligibility &
Entitlement.

2. Extract from version 1.1 of EMA Guidance: Guidance for Schools and
Colleges.

3. Residency letter template.

4. Residency flow-chart

The DfES has worked with the AoC on the arrangements for 2004-05. The
criteria and process for checking residency will be reviewed for 2005-06.




                                     -1-
Revised extracts from the EMA Guidance, version 1.1

Residency (from Annex A: Eligibility & Entitlement)

In order to meet the residency criteria the young person must satisfy the
following.

If not a British citizen, the young person must

      have resided in the UK for three years prior to the start of the course
       and not solely for the purpose of receiving education.

      have been granted Indefinite Leave to Remain
       OR
      have been granted Refugee Status

EMA will not be paid if the young person is seeking asylum in this country or if
they have been given any of the following restricted leave to remain;
    Exceptional Leave to Remain (ELR)
    Discretionary Leave (DL)
    Humanitarian Protection (HP)

If during the year the young person becomes eligible by satisfying the criteria
set out above, they may re-apply for EMA.

Residency (from the School/College Guidance)

EMA rules have a narrower definition of UK residence than the LSC uses in
funding courses. These arrangements have been agreed by the Home Office
and signed off by the Secretary of State.

The eligibility rules for EMA includes definitions of overseas learners that fall
outside the scope of the scheme (see residency criteria Annex A Eligibility
and Entitlement, page 6) Colleges and schools will need to apply their existing
enrolment checks to verify that every student has satisfied the Residency
criteria. To receive EMA the student will need to prove at enrolment that they
have three years residence in the UK prior to the start of the course and
not be here solely for the purposes of receiving education. Or they have
Indefinite Leave to Remain or Refugee Status.

If the student is unable to provide supporting documents to confirm eligibility
on these grounds, then you should not enrol them onto EMASYS. The onus is
on the student to provide you with proof of their residency status.

The student should already be aware of this criteria as it is set out on the back
of the Notice of Entitlement/Contract Part 1.

If the student has failed the residency criteria, then they are not eligible to
receive EMA, unless their position changes mid-year. You need to issue them
with a letter explaining why they are not eligible (See copy of this letter,


                                      -2-
Guidance for Schools and Colleges, Annex 2) and you must also inform the
APB by using the email facility on EMASYS quoting the applicants name,
EMA number and details.

If a student has been entered onto EMASYS and subsequently been found to
have made a mistake, you should inform the APB and you should enter a
leaving date for the student into EMASYS as soon as possible. The APB will
refer to the DfES for a decision on further action.

If the student appeals this decision, then they have to do so using your
existing appeals/complaints procedure.




                                      -3-
                       EMA Residency – letter template
Student :

EMA ref number:

Dear

I am sorry to tell you that you are not entitled to receive Education
Maintenance Allowance (EMA) at this time. This is because you have been
unable to meet the EMA residency criteria which are described at the back of
your Notice of Entitlement. In order to meet the residency rule you must
satisfy the following.

If not a British citizen, you must:

       have resided in the UK for three years prior to the start of the course
        and not solely for the purpose of receiving education.

       have been granted Indefinite Leave to Remain
        OR
       have been granted Refugee Status

EMA will not be paid if you are seeking asylum in this country or if you have
been given any of the following restricted leave to remain;
    Exceptional Leave to Remain (ELR)
    Discretionary Leave (DL)
    Humanitarian Protection (HP)

If during the year your residency status changes, you may re-apply for EMA. If
this happens, or if you have any questions please telephone the EMA
Assessment and Payment Body helpline on 0808 1016219.

Yours sincerely,




School or College name:

Print name of administrator:

Date:

Note to school/college administrators: Insert text at the bottom of the letter to
mention to the student that they may be able to get financial help from the
Learner Support Funds. Also, any information about your appeals procedure
that you might have.




                                       -4-
                                      Residency crib sheet

            See Guidance: Schools and Colleges, page 11 and Annex B, page 33
                       Annex A – Eligibility & Entitlement, page 6

   Use your
   existing                      does YP have 3yrs residency in the UK
   enrolment                     and not here purely for the purposes of
   procedures to                 education?
   check
   residency
                                                                           No
                         Yes


                                                                                   Does the YP
                                                                                   have ILR/RS?
                                                   Yes
                                                                                   (Request to
YP PASSED the                                                                      see a copy of
EMA residency                                                                      YPs Home
criteria. You may                                                                  Office Grant
now enrol the                                                                      Letter). Take a
                                                                                   copy for your
student on EMASYS
                                                                                   records
                                                     Grant letter not
                                                     available? YP to
                                                     contact the
                                                     Home Office for
                                                     replacement.                           No
           You cannot enrol them on
           EMASYS until the YP has
           provided you with
           supporting documents



                   YP
                   APPEALS                                                      YP
                                                                                FAILED
                                                                                the EMA
                                                                                residency
                                               Issue Residency                  criteria
                                               letter to YP. See
                                               School and
                                               College
             Use your existing                 Guidance Annex
             enrolment                         B for draft of the          Email the APB to
             procedures.                                                   Inform them this
                                               letter.
             (Or Contact the                                               particular YP has
             LSC/LEA for                                                   failed the
             advice).                                                      residency test.
                                                                           Quote YPs EMA
                                               Keep a copy for             number.
                                               your records




                                                 -5-

								
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