Changes to residency criteria for access to financial support in Further and Higher Education

Closes 31 Mar 2023

Opened 24 Jan 2023


Following a judicial review hearing at the Court of Session, the Court issued a decision in the case of Ola Jasim v Scottish Ministers [2022] CSOH 64 on 9 September 2022.

The Court declared paragraph 1(c)(ii) and (iii) of schedule 1 of the Students’ Allowances (Scotland) Regulations 2007 (“the 2007 Regulations”) (known as ‘long residence rules’) to be unlawful in light of Article 14 of, and Article 2 of the Protocol 1 to, the European Convention on Human Rights.

The Court found that the long residence rules failed to strike a fair balance between the impact they had on those excluded from eligibility for student support and the likely benefit to society of having clear rules restricting funding to those with a connection to Scotland.

The Scottish Ministers have given careful consideration to the decision of the Court in Jasim and have considered several options to address this. As a remedy for those students who were impacted by the 2007 Regulations, a Payment Scheme was launched in December 2022 to provide financial support.

Although the Court’s decision was in relation to regulations which have now been revoked, Ministers have given an undertaking to review the residency criteria contained within paragraph 1 of schedule 1 of the 2022 Regulations and this consultation forms part of this work.

We now want to hear your views on the residency conditions that will form part of new Regulations.

Read the consultation paper 

Why your views matter

Everyone with an interest in accessing Further and Higher Education. Whether this be by working in the university or college sector, is an organisation operating within the sector, is an organisation with an interest in immigration and residency eligiblity, or you are a past/present/future student who has an interest in the residency criteria in porder to access financial support to study.

We need as many views as possible to help shape residency eligibility for the future in order to access financial support.

Give us your views


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