Monday, December 11, 2017

FORMAL APPEAL STAGE 1 – ALEX-LINH NGUYEN DANG – CRN: 89222241181

Dear Mr Nguyen Dang

Thank you for the additional information you have provided. I have now had the opportunity to review your
appeal. Please accept our apologies for the time it has taken to review your application and evidence.

Eligibility and entitlement to student finance is governed by the relevant provisions of the appropriate
regulations, namely the Education (Student Support) Regulations 2011 (as amended). Therefore, I will refer
to these, if required.

The definition of a family member of an EEA migrant worker is contained with Part 1 of Schedule 1 of the
above mentioned regulations as follows:

unless otherwise indicated, “family member” means—

(a) in relation to an EEA frontier worker, an EEA migrant worker, an EEA frontier selfemployed person
or an EEA self-employed person—
(i) that person's spouse or civil partner;
(ii) direct descendants of the person or of the person's spouse or civil partner who are—
(aa) under the age of 21, or
(bb) dependents of the person or the person's spouse or civil partner; or
(iii) dependent direct relatives in the ascending line of that person or that of the person's
spouse or civil partner;

You have applied as the child of an EEA migrant worker for your course starting in the 2017/18 academic
year at Middlesex University. As you are over the age of 21, it has therefore been necessary to determine if
you are considered dependent on your mother, who is the EEA National.

Having reviewed the evidence and information provided, I am of the opinion that the decision made by the
Migrant Worker team in relation to your account is correct. This is due to the following:
  You have not been living with your parent in the UK for a number of years.
 Although there are significant transfers from your mother’s account to yours, there are also
significant transfers from your account to your mother’s. You have explained this was a way in which
your mother transferred funds from Norway. However, this does not show that these funds were for
your use as they were transferred back to your mother.
 There are a number of cash deposits made to your account. You have stated that these were funds
transferred using money transfer services from abroad and that all funds were immediately
transferred to your mother, without you keeping any portion of it.
 Although you have claimed that Thanh Ha Nguyen left the UK in July 2016, there continues to be
transactions from her into your accounts after this time.
 In your appeal, you suggest that your mother was abroad at some time during 2014. Your
immigration visa at that time was as Tier 4 – General Leave to Remain. This suggests that you did not
enter the UK as the dependant of an EEA National.
 Although the Home Office has granted you a Family Member visa, the Home Office criteria is
different to that of Student Finance England. The Home Office awards visas to extended family
members and non-dependent family members. However, the definition of family member for the
purpose of student finance is quite precise.

I appreciate this is not the response you were hoping for. However, I believe the appropriate Education
(Student Support) Regulations 2011 (as amended) have been applied correctly in your case. Student Finance
England is bound by these regulations and decisions made are not a question of discretion.

Yours sincerely

Kathleen James | Formal Appeals | Stage 1

Student Loans Company Ltd.
PO Box 226, Memphis Building, Lingfield Point, Darlington DL1 9GA

Further information on the Student Finance England Formal Appeals process can be found on
https://www.gov.uk/contact-student-finance-england. If you still believe our decision is wrong you can
request that your appeal is reviewed by Stage 2 of the Formal Appeals process by emailing
formalappeals_stage2@slc.co.uk or writing to us at Formal Appeals - Stage 2, Memphis Building, Lingfield
Point, PO Box 226, Darlington DL1 9GA.