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Home International Students Fees & finance Home or Overseas fees? England: Higher Education

Fee status in England: Higher Education

This information explains the conditions you need to meet to be entitled to pay tuition fees at the 'home' rate for study on a higher education (HE) course in England.

If you fit into one of these categories, an institution must charge you 'home' fees. In order to be eligible in a category, you must meet all the criteria required by that category, including any residence requirement.

Sections

1: Those who are 'settled' in the UK and meet the main residence requirements

In order to qualify for 'home' fees under this category, you must meet all of the following criteria:

(a) you must be settled in the UK on the first day of the first academic year of the course; and

(b) you must be ordinarily resident in the UK on the first day of the first academic year of the course; and

(c) you must also have been ordinarily resident in the UK and Islands for the full three year period before the first day of the first academic year of the course - eg, if your course begins in October 2013, you must have been ordinarily resident in the UK and Islands from 1 September 2010 to 31 August 2013; and 

(d) the main purpose for your residence in the UK and Islands must not have been to receive full-time education during any part of that three-year period.

Note: It is not necessary to have had settled immigration status in the UK for the full three years. You only need to show that you have it on, at the latest, the first day of the first academic year of the course.

Students from the Channel Islands and the Isle of Man

If you are in receipt of an award from your Island authority for higher education, you are treated differently (that is, not as a 'home' or 'overseas' fee payer). There is an agreement between the Island authorities and UK higher education institutions that the Island government will pay your fees at an agreed rate.

If you are self-financing, you will be assessed to see if you are a 'home' or an 'overseas' fee payer. If you are not ordinarily resident in the UK on the first day of the first academic year of the course (because, for example, you have not yet moved there from the Channel Islands or the Isle of Man) you cannot meet the requirement of (a)/(b) above, even though you may be a British citizen.

In addition, if you moved to the UK for your course of study (or a course of study you finished immediately before it), you will be treated as being ordinarily resident in the Islands and you will therefore be unable to meet (a)/(b) above.

2: Those who are 'settled' in the UK and have exercised a 'right of residence' in the EEA/Switzerland

In order to qualify for 'home' fees under this category, you must meet all of the following criteria:

(a) you are settled in the UK; and

(b) you have left the UK and exercised a right of residence having already been settled in the UK

Note: A right of residence covers those people and their family members who are in the EEA and/or Switzerland as workers or self-employed people, or as students or self-sufficient people and, in all cases, their family members or people who have gone to the state of which they or their family member is a national;

and

(c) you are ordinarily resident in the UK on the day on which the first term of the first academic year actually begins; and

(d) you have been ordinarily resident in the EEA and/or Switzerland and/or the overseas territories for the three years preceding the first day of the first academic year of the course; and

(e) in a case where the ordinary residence referred to in (d) above was wholly or mainly for the purposes of receiving full-time education, you have been ordinarily resident in EEA/Switzerland immediately before that three-year period.

3: EU nationals, and family

In order to qualify for 'home' fees under this category, you must meet all of the following criteria:

a) on the first day of an academic year of your course, you must be:

  • a national of an EU country; or
  • the relevant family member of a non-UK EU national, and that non-UK EU national is in the UK as a self sufficient person or as a student; or
  • the relevant family member of a UK national;

and

(b) you must have been ordinarily resident in the EEA and/or Switzerland and/or the overseas territories for the three years before the first day of the first academic year of the course (if you have not, see the Special Provision below); and

(c) the main purpose of your residence in the EEA/Switzerland (or the overseas territories if applicable) must not have been to receive full-time education during any part of the three-year period (if you have not, see the Special Provision below)

Notes:

  • if you become, or a relevant family member becomes, an EU national after the start of your course, you can become entitled to 'home' fees as from the start of the following academic year as long as you satisfy the residence conditions in (b) and (c) above on the first day of the first academic year of your course (see the next note too);
  • for the purposes of the residence conditions, any country that joins the EU is considered always to have been part of the EEA.

Special Provision for people studying on courses which started on or after 1 September 2011

You do not have to meet the Category 3 (b) or (c) criteria (above) if you are studying on a course which started on or after the 1 September 2011 and you are:

  • the relevant family member of a non-UK EU national, and that non-UK EU national is in the UK as a self sufficient person or as a student; or
  • the relevant family member  of a UK national who has exercised a right of residence in another EU member state, for more than three months, as a self-sufficient person, a student or a worker
    and
  • your relevant family member has been ordinarily resident in the EEA and/or Switzerland and/or the overseas territories for the three years before the 'first day of the first academic year of the course' that you are studying.

4: 'EU Nationals in the UK'

In order to qualify for 'home' fees under this category, you must meet all of the following criteria:

(a) you are an non-UK EU national on the first day of the first academic year of the course. If you are a national of a country that joins the EU after the start of your course you will be treated as meeting this requirement in the next academic year; and

(b) you were ordinarily resident in the UK on first day of the first academic year of the course; and

(c) you were ordinarily resident in the UK and Islands for the three-year period before the first day of the first academic year of the course; and

(d) if during any part of the three year period, the main purpose for your residence was to receive full-time education, you must have been ordinarily resident in the EEA and/or Switzerland and/or the overseas territories immediately prior to the three-year period of ordinary residence in the UK and Islands.

5: Those with the 'right of permanent residence' in the UK

In order to qualify for 'home' fees under this category, you must meet all of the following criteria:

(a) you have the right of permanent residence in the UK (under European Community (EC) law) on the first day of an academic year of the course; and

(b) you were ordinarily resident in the UK on the first day of the first academic year of the course; and

(c) you were ordinarily resident in the UK and Islands for the three-year period before the first day of the first academic year of the course; and

(d) if any of your ordinary residence in (c) was for the main purpose of receiving full-time education, you must have been ordinarily resident in the EEA and/or Switzerland and/or the overseas territories immediately prior to that three-year period.

6: EEA/Swiss workers, and family

In order to qualify for 'home' fees under this category, you must meet all of the following criteria:

(a) on the first day of an academic year of your course you must be a non-UK EEA national, or a Swiss national, and resident in the UK as a worker, or the relevant family member of such a worker; and

(b) you must be ordinarily resident in the UK on the first day of the first academic year of the course unless you are an EEA or Swiss frontier worker or relevant family member of a frontier worker; and

(c) you must have been ordinarily resident in the EEA and/or Switzerland and/or the overseas territories for the three years before the first day of the first academic year of the course.

Notes:

  • if you are the child of an EEA worker who is no longer working or living in the UK, you can still be entitled to pay 'home' fees if you came to the UK to accompany your EEA worker parent
  • if you or a relevant family member become an EEA or Swiss migrant worker part-way through your course, you might become entitled to pay 'home' fees - you can seek advice on this from an adviser at your institution, your Students' Union or telephone UKCISA's Students' Advice Line.

7: Child of a Swiss National

In order to qualify for 'home' fees under this category, you must meet all of the following criteria:

(a) on the first day of an academic year of your course, you must be the child of a Swiss national;

Note: for Student Support for students who start a course on or after 1 September 2013, their Swiss parent(s) must be living in the UK, for example as a worker, student or self-sufficient person, on the first day of the first academic year of your course. No such requirement has been added by the Government into the fees regulations or fee assessment guidance. Speak to your institution if you are concerned about this.

and

(b) you must be ordinarily resident in the UK on the first day of the first academic year of the course; and

(c) you must have been ordinarily resident in the EEA and/or Switzerland and/or the overseas territories for the three years before the first day of the first academic year of the course; and

(d) if the main purpose for your residence in (c) above, was wholly or mainly for the purpose of receiving full-time education, you must have been ordinarily resident in the EEA and/or Switzerland immediately before that three-year period.

Note:

  • if you become the child of a Swiss national part-way through your course, you might become entitled to pay 'home' fees – you can seek advice on this from an adviser at your institution, your Students' Union or telephone UKCISA's Students' Advice Line.

8: Child of a Turkish worker

In order to qualify for 'home' fees under this category, you must meet all of the following criteria:

(a) you must be the child of a Turkish national; and

(b) your Turkish national parent must be ordinarily resident in the UK and must be, or have been, lawfully employed in the UK; and

(c) you must be ordinarily resident in the UK on the first day of the first academic year of the course; and

(d) you must have been ordinarily resident in the EEA and/or Switzerland and/or Turkey and/or the overseas territories for the three years before the first day of the first academic year of the course.

9: Refugees, and family

In order to qualify for 'home' fees under this category, you must meet all of the following criteria: 

(a) you must be ordinarily resident in the UK on the first day of the first academic year of the course; and

(b) on the first day of an academic year of the course, you must be:

  • a refugee recognised by the UK Government; or
  • the spouse / civil partner of such a refugee and you must have been the spouse or civil partner of that person on the date on which their asylum application was made; or
  • the child of such a refugee or of a refugee's spouse or civil partner and at the time the refugee made the asylum application you must have been the under-18-year-old child of the refugee or of the refugee's spouse or civil partner;

and

(c) you have not ceased to be ordinarily resident:

  • since you were recognised as a refugee; or
  • if you are a spouse / civil partner, or child, of a refugee, since you were given leave to remain in the UK.

If you are, or if your parent or spouse or civil partner is, recognised as a refugee after the start of the course, you may be entitled to 'home' fees from the start of the next academic year.

10: Those who applied for asylum, were refused refugee status but were granted Humanitarian Protection, and family

If you apply for asylum and the Home Office decides that you do not qualify for refugee status, you may still be allowed to stay in the UK. In such circumstances the Home Office normally grants Humanitarian Protection (HP), Discretionary Leave (DL) or, in some cases, Indefinite Leave to Remain. Only those granted Humanitarian Protection at this point are eligible in this category.

In order to qualify for 'home' fees under this category, you must meet all of the following criteria:

(a) you must be ordinarily resident in the UK on the first day of the first academic year of the course; and

(b) on the first day of an academic year of the course, you must be a person:

  • whom the Home Office has told does not qualify for recognition as a refugee but nevertheless should be allowed to stay in the UK and who has been granted Humanitarian Protection; and
  • whose period of leave is still current, or has been renewed and the new leave is still current, or who is waiting for the outcome of an in time application for renewal, or is waiting for an appeal concerning their leave; and
  • who has been ordinarily resident in the UK and Islands since having been granted leave.

or

you must be the spouse or civil partner of such a person with humanitarian protection, and you must have been the spouse or civil partner of that person on the date on which the asylum application was made;

or

you must be the child of a such a person with humanitarian protection, or a child of that person's spouse or civil partner and, at the time the 'person granted humanitarian protection' made the asylum application, you must have been the under-18-year-old child of that person or of that person's spouse or civil partner.

If you are, or if your parent or spouse or civil partner is, granted permission to stay in the UK after the start of the course, you will be entitled to 'home' fees from the start of the next academic year if you meet the requirements above.

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