The residency requirement for accessing educational funding has been reduced from seven years to three, extending opportunities to a wider range of students, including those from refugee backgrounds and unaccompanied child asylum seekers. This development represents a significant stride towards inclusive education and societal integration in Scotland.
Scotland recently announced an extension of its tuition support to broaden access to higher education. This move followed a comprehensive public consultation on residency criteria for financial aid in further and higher education and a landmark legal case led by the Scottish Just Law Center.
The legal case revealed alleged discriminatory practices by the Student Awards Agency Scotland (SAAS), which had previously barred a category of migrant youth living lawfully in Scotland from accessing college or university education like their peers.
This situation was deemed a violation of human rights, specifically in breach of the European Convention on Human Rights’ provisions on the right to education and non-discrimination.
Subsequently, SAAS revised its eligibility criteria, reducing the residency requirement from seven years to three. This policy change followed the Scottish government’s consultation process, which sought public feedback on the regulations from January to March 2023.
The consultation’s outcome reflects a more inclusive understanding of the “connection” to Scotland, emphasizing not just the duration of residency but also the individuals’ aspirations to contribute to Scottish society and their desire to make Scotland their home.
The #OurGradesNotVisas campaign, initiated in 2022 with the support of community groups and grassroots organizations, played a pivotal role in highlighting the exclusion of students due to their immigration status.
Many of these students, from families that sought refuge in Scotland, were treated as international students, facing significantly higher fees. The campaign and the subsequent legal developments led to more equitable treatment for students from refugee backgrounds.
The revised residence rules strike a balance between societal benefits and the impact on those previously ineligible for student support. These changes promise a fairer future for young migrants in Scotland, enabling them to pursue careers and professions beneficial to society.
Additionally, the reforms now ensure that unaccompanied children who are asylum seekers, as well as children of asylum seekers, can apply for free tuition. Advocacy groups like JustRight Scotland continue to push for extending these rights to asylum seekers residing in Scotland for over three years with pending asylum claims.
This policy change marks a critical step towards ensuring equitable access to education and fostering a more inclusive society in Scotland.
