Relevant family members - applying in England

Note: The definitions of family members in the fees regulations are different from, and more restrictive than, those used in immigration law. For example, the fees regulations only count the specific people listed below as a “relevant family member” of an EU national. Other family members may have the right to come to the UK under EU law, but they are not a “relevant family member” for fees purposes.

EU nationals (Category 2)

  • spouse / civil partner
  • direct descendant (eg child/grandchild) of the EU national, or of the EU national's spouse / civil partner, who is:
    • under 21 years old; or
    • 21 or over and dependent on the EU national or on the EU national's spouse / civil partner
  • additionally, but only where the EU national is not a UK national and is self sufficient, the dependent direct ascendant (eg a dependant parent/grandparent) of the EU national, or of the EU national's spouse / civil partner

EEA/Swiss workers (Category 5)

Family of an EEA worker:

  • spouse / civil partner
  • direct descendant (eg child/grandchild) of the EEA worker, or of the EEA worker's spouse / civil partner, who is:
    • under 21 years old; or
    • 21 or over and dependent on the EEA worker or on the EEA worker's spouse / civil partner
  • dependent direct ascendant (eg a parent/grandparent) of the EEA worker, or of the EEA worker's spouse / civil partner

Family of a Swiss worker:

  • spouse / civil partner
  • child

Settled family members of a UK national who exercises a right of residence (Category 6)

  • spouse / civil partner
  • direct descendant of the UK national, and of the UK national's spouse / civil partner (eg child/grandchild); a direct descendant must also be under 21 years old or (if 21 or over) dependent on the UK national or dependent on the UK national's spouse / civil partner. If the UK national exercised a right of residence as a student, only dependent children count as family members
  • direct ascendant of the UK national or of the UK national's spouse / civil partner (eg parent/grandparent) who must be dependent on the UK national or dependent on the UK national's spouse civil partner. This does not apply to UK nationals who have exercised a right of residence as a student.

Meaning of 'child'

For the purposes of the England Student Support regulations, the word 'child' is not defined in terms of age (except where stated) or dependency. The regulations state that:

"parent" means a parent, guardian, or any other person having parental responsibility for a child, and "child" shall be construed accordingly.

Government explanation of parental responsibility