Scotland: FE fee status

This category is our interpretation of provisions in regulation 3 paragraphs (a), (b), (c)(i) and c(v), of the fees regulations.

Criteria

To be eligible for ‘home’ fees under this category, you must meet all of the following criteria on the relevant date [see Definitions]:

(a) you must be

1. settled in the UK [see Definitions for an explanation of all of these terms]; or
2. the spouse, civil partner, or child, of someone settled in the UK; and

(b) you must be ordinarily resident [see Definitions] in Scotland. However, the fees regulations apply two additional tests in relation to being ordinarily resident in Scotland on the relevant date:

1. Your ordinary residence in Scotland on the relevant date must not be attributable to, or connected with, any period of residence in Scotland that was wholly or mainly for the purpose of receiving full-time education within the immediately preceding three-year period. If it is, then you will not be eligible for a 'home' fee under this category. The only exception to this which looks possible is if you are someone who has been granted settled status under the EU Settlement Scheme and, prior to being granted that, you had acquired the right of permanent residence in the UK "as a result of residence for full-time education which” led to that right; and
2. If you are ordinarily resident in Scotland as a result of having moved from a part of the United Kingdom other than Scotland for the purpose of undertaking a course of education, then you are considered to be ordinarily resident in the part of the United Kingdom from where you moved. Again, you will not be eligible for a ‘home’ fee under this category but please see Eligibility for the ‘RUK’ fee, below;

and

(c) you must also have been ordinarily resident in the UK and Islands for the full three year period before the relevant date, eg if your course begins in October 2024, the date in (a) above will be 1 August 2024 and you must have been ordinarily resident in the UK from 1 August 2021 to 31 July 2024; and

(d) the whole or 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. The only exception to this which looks possible is if you are someone who has been granted settled status under the EU Settlement Scheme and, prior to being granted that, you had acquired the right of permanent residence in the UK "as a result of residence for full-time education which” led to that right, and provided that you were ordinarily resident in the EEA and/or Switzerland immediately prior to the five-year period of UK residence which led to you obtaining this right.

Changes to this category for 2024/25

For a person starting a course on or after 1 August 2024, this category now contains a further test about that person’s ordinary residence in Scotland on the relevant date. See (b)2., above.

This category is our interpretation of provisions in regulation 3 paragraphs (a), (b), and (c)(ii)-(c)(iii) (titled 'Relevant connection with Scotland') in the fees regulations.

Criteria

To be eligible for ‘home’ fees under this category, you must meet all of the following criteria on the relevant date [see Definitions]:

(a) you must be:

1. a person who has been granted leave to enter or remain, whose leave has not expired; or
2. the spouse, civil partner, or child, of such a person; and

(b) you must be ordinarily resident [see Definitions] in Scotland. However, the fees regulations apply two additional tests in relation to being ordinarily resident in Scotland on the relevant date:

1. Your ordinary residence in Scotland on the relevant date must not be attributable to, or connected with, any period of residence in Scotland that was wholly or mainly for the purpose of receiving full-time education within the immediately preceding three-year period. If it is, then you will not be eligible for a 'home' fee under this category. The only exception to this which looks possible is if you are someone who has been granted settled status under the EU Settlement Scheme and, prior to being granted that, you had acquired the right of permanent residence in the UK "as a result of residence for full-time education which” led to that right; and
2. If you are ordinarily resident in Scotland as a result of having moved from a part of the United Kingdom other than Scotland for the purpose of undertaking a course of education, then you are considered to be ordinarily resident in the part of the United Kingdom from where you moved. Again, you will not be eligible for a ‘home’ fee under this category but please see the about Eligibility for the ‘RUK’ fee, below;

and

(c) you must also have been ordinarily resident in the UK and Islands for the full three year period before the relevant date, eg if your course begins in October 2024, the date in (a) above will be 1 August 2024 and you must have been ordinarily resident in the UK and Islands from 1 August 2021 to 31 July 2024; and

(d) the whole or 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. The only exception to this which looks possible is if you are someone who has been granted settled status under the EU Settlement Scheme and, prior to being granted that, you had acquired the right of permanent residence in the UK "as a result of residence for full-time education which” led to that right, and provided that you were ordinarily resident in the EEA and/or Switzerland immediately prior to the five-year period of UK residence which led to you obtaining this right.

Who can, or cannot, use this category?

This category applies to academic years beginning on or after 1 August 2023. The regulations state that this category provides for "a person (other than a person who has applied for refugee status) who has been informed in writing by [the UK Home Office] that they have been granted leave to enter or remain in the United Kingdom and whose leave has not expired". We use the term 'granted leave to enter or remain'.

This category does not provide for those who have applied for refugee status. However, such people are already provided for elsewhere in the regulations; see Paragraph 7 (below) for those who have been recognised as a refugee. Scottish Government also stated that it does not intend this new provision to be used by those in the UK with Student route permission:

“Those who enter the UK on a study visa will remain ineligible for home fee status and student financial support as they have entered the UK for the purposes of education and therefore do not meet the ordinary resident test.”

Those in the UK as the dependants of Student visa holders will, in theory, be able to use this category. However, they will be subject to the ordinary residence requirement and, as such, many will not yet have acquired three years’ residency.

Continuing students can potentially becoming eligible under this category from 1 August 2023

In June 2023, we asked the Scottish Government about this new category. We wanted to know if, in its view, this new provision could, from 1 August 2023, be used by a student who had already started their course and is continuing this, as well as by a student who will be starting a new course. We gave Scottish Government the scenario of a student who was not eligible for ‘home’ fees before 1 August 2023 but who, as they embark on their second or third or fourth year on or after 1 August 2023, is asking to have their fees status reassessed for that particular year onwards. We asked this because the new provisions, contained in regulation 3 paragraphs (a), (b), and (c) (ii)-(c)(iii) of the Education (Fees) (Scotland) Regulations 2022, taking effect for an academic year beginning on or after 1 August 2023, seem to allow this.

In response, Scottish Government confirmed to us that if a continuing student met this new criteria on their relevant date (at the start of their course) then they will be eligible for 'home' fee status from 1 August 2023 onwards under this category.

Remember that such a person needs to not only have been granted leave to enter or remain on their own relevant date but also needs to have met all of the residency criteria on this date too.

Changes to this category for 2024/25

For a person starting a course on or after 1 August 2024, this category now contains a further test about that person’s ordinary residence in Scotland on the relevant date. See (b)2., above.

This category is our interpretation of provisions in Schedule 1 paragraph 1 of the fees regulations (titled in the fees regulations as 'EU nationals etc. with protected rights who have been living in the UK for three years').

Criteria

To be eligible for ‘home’ fees under this category, you must meet all of the following criteria:

(a) you must be a ‘person with protected rights’ [see Definitions]. If you have pre-settled status or settled status under the EU Settlement Scheme, you will automatically be considered to be a ‘person with protected rights’;

and

(b) you must

1. be an EU national [see Definitions]; or
2. be the family member an EU national. The regulations say that, for this provision, a family member can include someone who is the 'family member of a relevant person of Northern Ireland' [see Definitions];

and

(c) you must be ordinarily resident in the UK and Islands on the relevant date [see Definitions for an explanation of some of these terms]; and

(d) you must have been ordinarily resident in the area comprising the UK and Islands throughout the period of three years immediately preceding the relevant date [see Definitions for an explanation of some of these terms]; and

(e) the whole or main purpose of your residence in that area must not have been to receive full-time education during any part of the three-year period.

Important consideration about the residence area in sub-paragraph (d), above

The fees regulations state that the residence area for this category is just the 'UK and Islands' but we understand from the Scottish Government that it had always intended for the residence area for this category to also include Gibraltar, the EEA and Switzerland. In 2022, Student Awards Agency Scotland (SAAS) asked institutions to look at the whole of that area when assessing "EU nationals, and family, with 'protected rights'". 

Scottish Government has since laid amending regulations (The Education (Fees and Student Support) (Miscellaneous Amendment) (Scotland) Regulations 2022 (No 362)) to rectify the omission of the above territories. Instead of amending this category, it has added a new one alongside it. We explain the new category, immediately below this one; see paragraph 1A: EU nationals [and family] with 'protected rights', without three years' residence in UK and Islands.

Implied provision for a 'UK national', now removed

For academic years starting before 1 August 2023, the fees regulations used to imply that there was provision for a 'UK national' under this category, in the specific situation where that UK national was a dual UK/EU national; that means where a person has both UK nationality and some other EU nationality. However, it was unclear as to how most UK nationals in that position could ever use this category. The wording in the regulations which caused confusion was removed, for students being assessed for an academic year beginning on or after 1 August 2023.

Where the student fails the ordinary residence test in sub-paragraph (d)

Where the student is the family member of an EU national, this category no longer provides for the EU national to meet the three-year ordinary residence test on that family member's behalf.

This category is our interpretation of provisions in Schedule 1 paragraph 1A of the fees regulations (titled in the fees regulations as 'EU nationals etc. with protected rights who have not been living in the UK for 3 years').

Paragraph 1A was added to the regulations, as a new category, with effect from 2 February 2023. UKCISA members can read more about the context for the introduction of this category in our news item, Scotland: new fees category for EU nationals and family with ‘protected rights’ (3 February 2023).

Criteria

To be eligible for ‘home’ fees under this category, you must meet all of the following criteria:

(a) you must be a ‘person with protected rights’ [see Definitions]. If you have pre-settled status or settled status under the EU Settlement Scheme, you will automatically be considered to be a ‘person with protected rights’; and

(b) you must

1. be an EU national [see Definitions]; or
2. be the family member an EU national [see Definitions];

and

(c) you must be undertaking a course of education at an establishment in Scotland; and

(d) you have not been ordinarily resident in the area comprising the UK and Islands throughout the period of three years immediately preceding the relevant date [see Definitions for an explanation of some of these terms]; and

(e) you must be ordinarily resident in the UK and Islands on the relevant date [see Definitions for an explanation of some of these terms].

This category received a minor update on 4 August 2023 to fully list the types of person eligible under this paragraph. See our sub-para (b)1., below.

This category is our interpretation of provisions in Schedule 1 paragraph 4 of the fees regulations (titled in the fees regulations as 'Workers, employed persons, self-employed persons and their family members').

Criteria

To be eligible for ‘home’ fees under this category, you must meet all of the following criteria:

(a) you must be:

1. a ‘person with protected rights’ [see Definitions]. If you have pre-settled status or settled status under the EU Settlement Scheme, you will automatically be considered to be a ‘person with protected rights’; or
2. a ‘qualifying frontier worker’. The fees regulations bring in a definition of a qualifying frontier worker from The Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020 which state that a “frontier worker” is someone who immediately before IP completion day (which was 11.00pm on 31 December 2020) and continuously since IP completion day was, and has been:
   1. an EEA national [see Definitions];
   2. not primarily resident in the UK [see Definitions]. Being ‘not primarily resident’ is further explained in regulation 3 of that same legislation; and
   3. either—
      1. a worker in the UK;
      2. a self-employed person in the UK; or
      3. a person treated as a worker or self-employed person in the UK […];

and

(b) you must be:

1. an EEA migrant worker, or an EEA self-employed person, or a Swiss employed person, or a Swiss self-employed person, or an EEA frontier worker, or an EEA frontier self-employed person, or a Swiss frontier employed person, or a Swiss frontier self-employed person; or
2. the family member of such a person. The regulations say that, for this provision, a family member can include someone who is the 'family member of a relevant person of Northern Ireland' [see Definitions].

Here, the regulations themselves define a 'frontier worker' as being an EEA/Swiss national who works in the UK but who resides in Switzerland, Gibraltar, or the territory of an EEA State, and returns to their residence in Switzerland, Gibraltar, or an EEA state, daily or at least once a week.

An 'EEA migrant worker' is defined as an EEA national who is in the UK as a worker. 

and

(c) you must have been ordinarily resident [see Definitions] in the UK, Islands, Gibraltar or the territory comprising the EEA and Switzerland for the three years preceding the relevant date [see Definitions], and the whole or 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.

Child of a former EEA worker

If you are the child of an EEA worker who is no longer working or living in the UK, you may still be entitled to pay 'home' fees if you have, at some point, lived in the UK as the child of that person whilst he/she exercised his/her right to reside as a worker (but not a self-employed worker). This provision is made by Schedule 1 paragraph 5.

You should seek advice from your institution, from your Students' Union, or by telephoning our students' advice line, if you would like to explore this option.

Changes to this category for 2024/25

For a person starting a course on or after 1 August 2024, this category now has a test regarding the main or whole purpose of residence in the relevant area for the three-year preceding the relevant date.

This category is our interpretation of provisions in Schedule 1 paragraph 6 of the fees regulations. In the regulations, it is titled 'Persons who are settled in the United Kingdom and have exercised a right of residence elsewhere'.

This category refers to 'settled' people [see Definitions for an explanation of 'settled']. However please note that, in effect, this category only provides for the type of settled person who can have utilised a 'right of residence' in the EEA or Switzerland; which is UK nationals and those nationals who had acquired a Right of Permanent Residence in the UK under the UK's former implementation of EU law.

Criteria

To be eligible for ‘home’ fees under this category, you must be undertaking a course which starts prior to 31 July 2028, and you must meet all of the following criteria:

(a) you are settled in the UK within the meaning given by section 33(2A) of the Immigration Act 1971, or you are the family member of a UK national. If you are the family member of a UK national, the requirement to be settled does not apply to you [see Definitions for an explanation of some of these terms];

and

(b) you were ordinarily resident [see Definitions] in Scotland for at least three continuous years and settled in the UK within the meaning given by section 33(2A) of the Immigration Act 1971 immediately before leaving the UK and you exercised a right of residence elsewhere in the EEA and/or Switzerland before 11pm on 31 December 2020 (known as ‘IP completion day’). If you are the family member of a UK national then you do not have to have been settled in the UK immediately before that person exercised a right of residence. A right of residence covers those people, and their family members, who were in the EEA [see Definitions] and/or Switzerland as workers, self-employed people, students and/or self-sufficient people;

(c) you were ordinarily resident on IP completion day—

1. in Gibraltar or the territory comprising the EEA and Switzerland; or
2. in the UK and Islands, immediately following a period of ordinary residence in Gibraltar or the territory comprising the EEA and Switzerland, and you have remained ordinarily resident in the UK, Islands, Gibraltar or the territory comprising the EEA and Switzerland from IP completion day to the relevant date [see Definitions];

and

(d) you have been ordinarily resident in the UK, Islands, Gibraltar or the territory comprising the EEA and Switzerland throughout the period of three years immediately preceding the relevant date; and

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

This category is our interpretation of provisions in Schedule 1 paragraph 7 of the fees regulations (subtitled in the fees regulations as 'Refugees').

The fees regulations say the following about what a 'refugee' means:

"“refugee” means a person within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28 July 1951, as extended by article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31 January 1967, and any reference to the child of a refugee includes a reference to a step-child".

Criteria

To be eligible for ‘home’ fees under this category, you must meet all of the following criteria:

(a) you must have been recognised as a refugee; and

1. have remained ordinarily resident in the UK and Islands since being recognised as a refugee [see Definitions for an explanation of some of these terms]; and
2. you must be resident in Scotland on the relevant date;

or

(b) you must be the spouse or civil partner or child of a person described in (a) and you must be ordinarily resident in Scotland on the relevant date. However, the fees regulations apply two additional tests in relation to being ordinarily resident in Scotland on the relevant date:

1. Your ordinary residence in Scotland on the relevant date must not be attributable to, or connected with, any period of residence in Scotland that was wholly or mainly for the purpose of receiving full-time education within the immediately preceding three-year period. If it is, then you will not be eligible for a 'home' fee under this category; and
2. If you are ordinarily resident in Scotland as a result of having moved from a part of the United Kingdom other than Scotland for the purpose of undertaking a course of education, then you are considered to be ordinarily resident in the part of the United Kingdom from where you moved. Again, you will not be eligible for a ‘home’ fee under this category but please see Eligibility for the ‘RUK’ fee, below.

Refugee Status: where someone gains British citizenship

The Immigration Rules revoke someone's Refugee Status once that person subsequently obtains a new nationality, eg when a refugee gains British citizenship. If you have, or a relevant family member has, Refugee Status and you are, or the person with that status is, considering applying for British (or any other) citizenship, you should be aware that such an application could have an effect on your fees status or your eligibility for Student Support.

Changes to this category for 2024/25

Before 1 August 2024, refugees were required to be ‘ordinarily resident’ in Scotland on their relevant date. However, for a person starting a course on or after 1 August 2024 the wording in the regulations has been changed to just require that such a person is ‘resident’ in Scotland on that date. This change has not been made to the provisions for family members of a refugee and, additionally, from the same date family members are subject to further tests in relation to their ordinary residence in Scotland on the relevant date.

This category is our interpretation of provisions in Schedule 1 paragraph 8 of the fees regulations (subtitled in the fees regulations as 'Persons granted leave following on from refugee claim').

If you apply for asylum and the Home Office decides that you do not qualify for refugee status but that you should be allowed to stay in the UK it will usually grant humanitarian protection, discretionary leave, or some other type of immigration leave (immigration permission).

Criteria

To be eligible for 'home' fees under this category, you must meet all of the following criteria:

(a)

1. you must have been refused refugee status but granted leave as above; and
2. you must have remained ordinarily resident in the UK and Islands since the Home Office decision [see Definitions for an explanation of all of these terms]; and
3. you must be resident in Scotland on the relevant date [see Definitions];

or

(b)

1. you must be the spouse, civil partner or child of such a person in (a); and
2. you must be ordinarily resident in Scotland on the relevant date. However, the fees regulations apply two additional tests in relation to being ordinarily resident in Scotland on the relevant date:
   1. Your ordinary residence in Scotland on the relevant date must not be attributable to, or connected with, any period of residence in Scotland that was wholly or mainly for the purpose of receiving full-time education within the immediately preceding three-year period. If it is, then you will not be eligible for a 'home' fee under this category; and
   2. If you are ordinarily resident in Scotland as a result of having moved from a part of the United Kingdom other than Scotland for the purpose of undertaking a course of education, then you are considered to be ordinarily resident in the part of the United Kingdom from where you moved. Again, you will not be eligible for a ‘home’ fee under this category but please see Eligibility for the ‘RUK’ fee, below.

Eligibility for 'RUK' fee 

If you meet the conditions of this category, you will be eligible for the 'home' fee. If you fail to meet the test of being ordinarily resident in Scotland on the relevant date, in sub-paragraph (a)(iii) or (b)(ii), but you meet all other requirements of this category, you will be likely be eligible for the middle rate ('RUK') fee, provided that you are considered as ordinarily resident elsewhere in the UK (instead of Scotland) on the relevant date.

Changes to this category for 2024/25

Before 1 August 2024, persons granted leave following on from a refugee claim were required to be ‘ordinarily resident’ in Scotland on their relevant date. However, from on or after 1 August 2024 the wording in the regulations has been changed to just require that such a person is ‘resident’ in Scotland on that date. This same change has not been made to the provisions for family members of such a person. Additionally, family members are now subject to new tests about their ordinary residence in Scotland on the relevant date.

This category is our interpretation of provisions in Schedule 1 paragraph 9 of the fees regulations. This category is intended for use by Iraqi nationals granted indefinite leave to enter the UK under the Locally Engaged Staff Assistance Scheme (Direct Entry), and their family members.

Criteria

To be eligible for ‘home’ fees under this category, you must meet all of the following criteria:

(a)

1. you must be an Iraqi national who has been granted indefinite leave to enter the UK, under the Locally Engaged Staff Assistance Scheme (Direct Entry) operated by the Home Department; and
2. you must have been ordinarily resident in the UK and Islands since you were first granted such indefinite leave to enter [see Definitions for an explanation of some of these terms]; and
3. you must be ordinarily resident in Scotland on the relevant date [see Definitions]. However, the fees regulations apply two additional tests in relation to being ordinarily resident in Scotland on the relevant date:
   1. Your ordinary residence in Scotland on the relevant date must not be attributable to, or connected with, any period of residence in Scotland that was wholly or mainly for the purpose of receiving full-time education within the immediately preceding three-year period. If it is, then you will not be eligible for a 'home' fee under this category; and
   2. If you are ordinarily resident in Scotland as a result of having moved from a part of the United Kingdom other than Scotland for the purpose of undertaking a course of education, then you are considered to be ordinarily resident in the part of the United Kingdom from where you moved. Again, you will not be eligible for a ‘home’ fee under this category but please see Eligibility for the ‘RUK’ fee, below;

or

(b)

1. you must be the spouse, civil partner or child of such a person in (a); and
2. you must be ordinarily resident in Scotland on the relevant date. However, the fees regulations apply two additional tests in relation to being ordinarily resident in Scotland on the relevant date:
   1. Your ordinary residence in Scotland on the relevant date must not be attributable to, or connected with, any period of residence in Scotland that was wholly or mainly for the purpose of receiving full-time education within the immediately preceding three-year period. If it is, then you will not be eligible for a 'home' fee under this category; and
   2. If you are ordinarily resident in Scotland as a result of having moved from a part of the United Kingdom other than Scotland for the purpose of undertaking a course of education, then you are considered to be ordinarily resident in the part of the United Kingdom from where you moved. Again, you will not be eligible for a ‘home’ fee under this category but please see Eligibility for the ‘RUK’ fee, below.

Changes to this category for 2024/25

For a person using this category for a course starting on or after 1 August 2024, it is no longer a requirement that you have been ordinarily resident in the UK and Islands ‘at all times’ since being granted your indefinite leave. The wording in the regulations has been changed. Additionally, all persons using this category are now subject to new tests about their ordinary residence in Scotland on the relevant date.

This category is our interpretation of provisions in Schedule 1 paragraph 11 of the fees regulations. This category is intended for use by Afghan nationals granted leave under the Locally Employed Staff Ex-Gratia Scheme, and their family members.

Criteria

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

(a)

1. you must be an Afghan national who has been granted limited leave to remain in the UK under the Locally Employed Staff Ex-Gratia Scheme [that is, a Home Office Scheme for people made redundant as a direct consequence of the UK’s reduction of military presence in Afghanistan]; and
2. you must have been ordinarily resident in the UK and Islands since first being granted that leave [see Definitions for an explanation of some of these terms]; and
3. you must be ordinarily resident in Scotland on the relevant date [see Definitions]. However, the fees regulations apply two additional tests in relation to being ordinarily resident in Scotland on the relevant date:
   1. Your ordinary residence in Scotland on the relevant date must not be attributable to, or connected with, any period of residence in Scotland that was wholly or mainly for the purpose of receiving full-time education within the immediately preceding three-year period. If it is, then you will not be eligible for a 'home' fee under this category; and
   2. If you are ordinarily resident in Scotland as a result of having moved from a part of the United Kingdom other than Scotland for the purpose of undertaking a course of education, then you are considered to be ordinarily resident in the part of the United Kingdom from where you moved. Again, you will not be eligible for a ‘home’ fee under this category but please see Eligibility for the ‘RUK’ fee, below;

or

(b)

1. you must be the spouse, or civil partner or child of such a person in (a); and
2. you must be ordinarily resident in Scotland on the relevant date. However, the fees regulations apply two additional tests in relation to being ordinarily resident in Scotland on the relevant date:
   1. Your ordinary residence in Scotland on the relevant date must not be attributable to, or connected with, any period of residence in Scotland that was wholly or mainly for the purpose of receiving full-time education within the immediately preceding three-year period. If it is, then you will not be eligible for a 'home' fee under this category; and
   2. If you are ordinarily resident in Scotland as a result of having moved from a part of the United Kingdom other than Scotland for the purpose of undertaking a course of education, then you are considered to be ordinarily resident in the part of the United Kingdom from where you moved. Again, you will not be eligible for a ‘home’ fee under this category but please see Eligibility for the ‘RUK’ fee, below.

Changes to this category for 2024/25

For a person using this category for a course starting on or after 1 August 2024, it is no longer a requirement that you have been ordinarily resident in the UK and Islands ‘at all times’ since being granted their limited leave to remain. The wording in the regulations has been changed. Additionally, all persons using this category are now subject to new tests about their ordinary residence in Scotland on the relevant date.

This category is our interpretation of provisions in Schedule 1 paragraph 12 of the fees regulations.

Criteria

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

(a)

1. you must have been granted leave under the Afghan Citizens Resettlement Scheme or granted leave under the Afghan Relocations and Assistance Policy Scheme; and
2. you must have been ordinarily resident in the UK since you were first granted such leave; and
3. you must be ordinarily resident in Scotland on the relevant date. However, the fees regulations apply two additional tests in relation to being ordinarily resident in Scotland on the relevant date:
   1. Your ordinary residence in Scotland on the relevant date must not be attributable to, or connected with, any period of residence in Scotland that was wholly or mainly for the purpose of receiving full-time education within the immediately preceding three-year period. If it is, then you will not be eligible for a 'home' fee under this category; and
   2. If you are ordinarily resident in Scotland as a result of having moved from a part of the United Kingdom other than Scotland for the purpose of undertaking a course of education, then you are considered to be ordinarily resident in the part of the United Kingdom from where you moved. Again, you will not be eligible for a ‘home’ fee under this category but please see Eligibility for the ‘RUK’ fee, below;

or

(b)

1. you must be the spouse, civil partner or child of such a person in (a), and
2. you must be ordinarily resident in Scotland on the relevant date. However, the fees regulations apply two additional tests in relation to being ordinarily resident in Scotland on the relevant date:
   1. Your ordinary residence in Scotland on the relevant date must not be attributable to, or connected with, any period of residence in Scotland that was wholly or mainly for the purpose of receiving full-time education within the immediately preceding three-year period. If it is, then you will not be eligible for a 'home' fee under this category; and
   2. If you are ordinarily resident in Scotland as a result of having moved from a part of the United Kingdom other than Scotland for the purpose of undertaking a course of education, then you are considered to be ordinarily resident in the part of the United Kingdom from where you moved. Again, you will not be eligible for a ‘home’ fee under this category but please see Eligibility for the ‘RUK’ fee, below.

Changes to this category for 2024/25

For a person using this category for a course starting on or after 1 August 2024, it is no longer a requirement that you have been ordinarily resident in the UK and Islands ‘at all times’ since being granted indefinite leave. The wording in the regulations has been changed. Additionally, all persons using this category are now subject to new tests about their ordinary residence in Scotland on the relevant date.

This category is our interpretation of provisions in Schedule 1 paragraph 12A of the fees regulations. This category came into force on 1 August 2023 and, therefore, can be used on or after that date.

Regulation 2 of the fees regulations defines an “evacuated or assisted British national from Afghanistan” as follows:

"[...] a British citizen, a British overseas territories citizen, a British National (Overseas), a British Overseas citizen, a British subject under the British Nationality Act 1981(5) or a British protected person within the meaning of that Act who was either—

(a) evacuated from Afghanistan by or on behalf of the United Kingdom, a North Atlantic Treaty Organisation member state, Pakistan, Uzbekistan, Tajikistan, Iran or Qatar during the period of the operation known as Operation Pitting, which began on 14 August 2021 and ended on 28 August 2021, or
(b) assisted by or on behalf of the United Kingdom, after 28 August 2021 and before 6 January 2022, to leave Afghanistan]"

Criteria

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

(a) you must be an evacuated or assisted British national from Afghanistan who:

1. has been ordinarily resident in the United Kingdom since they were evacuated from or otherwise left Afghanistan, and
2. is ordinarily resident in Scotland on the relevant date. However, the fees regulations apply two additional tests in relation to being ordinarily resident in Scotland on the relevant date:
   1. Your ordinary residence in Scotland on the relevant date must not be attributable to, or connected with, any period of residence in Scotland that was wholly or mainly for the purpose of receiving full-time education within the immediately preceding three-year period. If it is, then you will not be eligible for a 'home' fee under this category; and
   2. If you are ordinarily resident in Scotland as a result of having moved from a part of the United Kingdom other than Scotland for the purpose of undertaking a course of education, then you are considered to be ordinarily resident in the part of the United Kingdom from where you moved. Again, you will not be eligible for a ‘home’ fee under this category but please see Eligibility for the ‘RUK’ fee, below;

or

(b)

1. you must be the spouse, civil partner or child of a person described in sub-paragraph (a), and
2. you must be ordinarily resident in Scotland on the relevant date. However, the fees regulations apply two additional tests in relation to being ordinarily resident in Scotland on the relevant date:
   1. Your ordinary residence in Scotland on the relevant date must not be attributable to, or connected with, any period of residence in Scotland that was wholly or mainly for the purpose of receiving full-time education within the immediately preceding three-year period. If it is, then you will not be eligible for a 'home' fee under this category; and
   2. If you are ordinarily resident in Scotland as a result of having moved from a part of the United Kingdom other than Scotland for the purpose of undertaking a course of education, then you are considered to be ordinarily resident in the part of the United Kingdom from where you moved. Again, you will not be eligible for a ‘home’ fee under this category but please see Eligibility for the ‘RUK’ fee, below.

Changes to this category for 2024/25

All persons using this category for a course starting on or after 1 August 2024 are now subject to new tests about their ordinary residence in Scotland on the relevant date.

This category is our interpretation of provisions in Schedule 1 paragraph 12B of the fees regulations.

This is a new category

This category comes into force on 1 August 2024 for a student starting a course on or after that date.

Criteria

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

You must be a female Afghan national who:

(a) was attending a course of study at a university or an equivalent institution in Afghanistan but has been prevented from continuing that course by the Taliban regime since 31 August 2021; and

(b) was residing in Afghanistan immediately before 30 January 2024; and

(c) has been granted leave to enter or remain in the United Kingdom under a student visa; and

(d) is resident in Scotland; and

(e) is undertaking a course of higher education in Scotland.

This category is our interpretation of provisions in Schedule 1 paragraph 13 of the fees regulations.

Paragraph 13 defines a 'relevant application', for use only within this paragraph:

"(2) In this paragraph, a ‘relevant application’ is an application to—

(a) the Ukraine Family Scheme,

(b) the Homes for Ukraine Sponsorship Scheme,

(c) the Ukraine Extension Scheme,

(d) the Ukraine Permission Extension Scheme, or

(e) the Home Office for leave outside the immigration rules, as defined in section 33(1) of  the Immigration Act 1971, where that person—

(i) was residing in Ukraine immediately before 1 January 2022, and

(ii) left Ukraine in connection with the Russian invasion which took place on 24 February 2022,

"by an individual who is eligible to apply to that scheme".

Criteria

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

(a) you must be a person who has:

1. made a relevant application (as defined above) where that application is still being considered; or
2. been granted leave to enter or remain in the United Kingdom following a relevant application (as defined above);

and

(b) you must have been ordinarily resident in the United Kingdom since your arrival in the United Kingdom after leaving Ukraine; and

(c) you must be ordinarily resident in Scotland on the relevant date [see Definitions]. However, the fees regulations apply two additional tests in relation to being ordinarily resident in Scotland on the relevant date:

1. Your ordinary residence in Scotland on the relevant date must not be attributable to, or connected with, any period of residence in Scotland that was wholly or mainly for the purpose of receiving full-time education within the immediately preceding three-year period. If it is, then you will not be eligible for a 'home' fee under this category; and
2. If you are ordinarily resident in Scotland as a result of having moved from a part of the United Kingdom other than Scotland for the purpose of undertaking a course of education, then you are considered to be ordinarily resident in the part of the United Kingdom from where you moved. Again, you will not be eligible for a ‘home’ fee under this category but please see Eligibility for the ‘RUK’ fee, below.

Requirements to be met on the relevant date

Up until 1 August 2023, no individual requirement in this category had to be met on the 'relevant date. However, from on or after that date it is a requirement that anyone being assessed for the first time under this category is, or was, ordinarily resident in Scotland on the relevant date. It is not expected that students already assessed as 'home' fee payers under this category in 2022/23 should be reassessed under the stricter requirement(s) in place from on or after 1 August 2023.

This category first appeared in the fees regulations from 1 August 2022, for academic years starting on or after that date. It is open to all students, not just those who started their course on or after 1 August 2022. However, a continuing student is not able to revisit their fee status under this category for any academic year that began prior to 1 August 2022.

Changes to this category for 2024/25

For a person using this category for a course starting on or after 1 August 2024, the definition of a ‘relevant application’ has been amended to reflect the current and upcoming Home Office immigration provisions for Ukrainian nationals. Additionally, all persons using this category are now subject to new tests about their ordinary residence in Scotland on the relevant date.

This category is our initial interpretation of provisions in Schedule 1 paragraph 13A of the fees regulations. This category came into force on 1 August 2023 and, therefore, can be used on or after that date.

Criteria

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

(a) you must be a United Kingdom national who:

1. was residing in Ukraine immediately before 1 January 2022,
2. left Ukraine in connection with the Russian invasion which took place on 24 February 2022,
3. has been ordinarily resident in the United Kingdom since their arrival in the United Kingdom after leaving Ukraine, and
4. is ordinarily resident in Scotland on the relevant date. However, the fees regulations apply two additional tests in relation to being ordinarily resident in Scotland on the relevant date:
   1. Your ordinary residence in Scotland on the relevant date must not be attributable to, or connected with, any period of residence in Scotland that was wholly or mainly for the purpose of receiving full-time education within the immediately preceding three-year period. If it is, then you will not be eligible for a 'home' fee under this category; and
   2. If you are ordinarily resident in Scotland as a result of having moved from a part of the United Kingdom other than Scotland for the purpose of undertaking a course of education, then you are considered to be ordinarily resident in the part of the United Kingdom from where you moved. Again, you will not be eligible for a ‘home’ fee under this category but please see Eligibility for the ‘RUK’ fee, below;

or

(b)

1. you must be the spouse, civil partner or child of a person described in sub-paragraph (a); and
2. you must be ordinarily resident in Scotland on the relevant date. However, the fees regulations apply two additional tests in relation to being ordinarily resident in Scotland on the relevant date:
   1. Your ordinary residence in Scotland on the relevant date must not be attributable to, or connected with, any period of residence in Scotland that was wholly or mainly for the purpose of receiving full-time education within the immediately preceding three-year period. If it is, then you will not be eligible for a 'home' fee under this category; and
   2. If you are ordinarily resident in Scotland as a result of having moved from a part of the United Kingdom other than Scotland for the purpose of undertaking a course of education, then you are considered to be ordinarily resident in the part of the United Kingdom from where you moved. Again, you will not be eligible for a ‘home’ fee under this category but please see Eligibility for the ‘RUK’ fee, below.

Changes to this category for 2024/25

All persons using this category for a course starting on or after 1 August 2024 are now subject to new tests about their ordinary residence in Scotland on the relevant date.

This category is our interpretation of provisions in Schedule 1 paragraph 16 of the fees regulations.

Criteria

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

(a) you must be a person who has been has been granted indefinite leave to enter or remain in the United Kingdom under any of the following provisions of the immigration rules, as defined in section 33(1) of the Immigration Act 1971 at:

1. paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse; or
2. where such leave was granted before Appendix Victim of Domestic Abuse came into force, any of the following:
   1. paragraph 289B (victims of domestic violence); or
   2. paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse); or
   3. paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces);

and

(b) you must have been ordinarily resident in the UK and Islands at all times since first being granted such leave [see Definitions for an explanation of some of these terms]; and

(c) you must be ordinarily resident in Scotland on the relevant date [see Definitions]. However, the fees regulations apply two additional tests in relation to being ordinarily resident in Scotland on the relevant date:

1. Your ordinary residence in Scotland on the relevant date must not be attributable to, or connected with, any period of residence in Scotland that was wholly or mainly for the purpose of receiving full-time education within the immediately preceding three-year period. If it is, then you will not be eligible for a 'home' fee under this category; and
2. If you are ordinarily resident in Scotland as a result of having moved from a part of the United Kingdom other than Scotland for the purpose of undertaking a course of education, then you are considered to be ordinarily resident in the part of the United Kingdom from where you moved. Again, you will not be eligible for a ‘home’ fee under this category but please see Eligibility for the ‘RUK’ fee, below.

Changes to this category for 2024/25

For a person starting a course on or after 1 August 2024, this category has been widened to include those granted leave to enter as well as those granted leave to remain, and to also include those granted such leave under paragraph VDA 9.1 of Appendix Victim of Domestic Abuse. Additionally, all persons using this category are now subject to new tests about their ordinary residence in Scotland on the relevant date.

This category is our interpretation of provisions in Schedule 1 paragraph 16A of the fees regulations.

This is a new category

This category comes into force on 1 August 2024 for a student starting a course on or after that date.

Criteria

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

(a) you must have been granted indefinite leave to enter or remain in the United Kingdom; and

(b) you must be the child of a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse; and

(c) on the leave application date, you must have been the child of the person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse; and

(d) you must have been under 18 years old on the leave application date; and

(e) you must have been ordinarily resident in the United Kingdom since you were granted such leave; and

(f) you must be ordinarily resident in Scotland on the relevant date. However, the fees regulations apply two additional tests in relation to being ordinarily resident in Scotland on the relevant date:

1. Your ordinary residence in Scotland on the relevant date must not be attributable to, or connected with, any period of residence in Scotland that was wholly or mainly for the purpose of receiving full-time education within the immediately preceding three-year period. If it is, then you will not be eligible for a 'home' fee under this category; and
2. If you are ordinarily resident in Scotland as a result of having moved from a part of the United Kingdom other than Scotland for the purpose of undertaking a course of education, then you are considered to be ordinarily resident in the part of the United Kingdom from where you moved. Again, you will not be eligible for a ‘home’ fee under this category but please see Eligibility for the ‘RUK’ fee, below.

In the above conditions, “leave application date” specifically means the date on which a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse made an application to remain in the United Kingdom on those grounds under the immigration rules.

This category is our interpretation of provisions in Schedule 1 paragraph 17 of the fees regulations.

Criteria

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

(a) you must be a person who has extant leave to remain in the United Kingdom under paragraph 352J, 352K, 352L or 352T (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave) of the immigration rules, as defined in section 33(1) of the Immigration Act 1971; and

(b) you must have been ordinarily resident in the UK and Islands at all times since first being granted such leave [see Definitions for an explanation of some of these terms]; and

(c) you must be ordinarily resident in Scotland on the relevant date [see Definitions]. However, the fees regulations apply two additional tests in relation to being ordinarily resident in Scotland on the relevant date:

1. Your ordinary residence in Scotland on the relevant date must not be attributable to, or connected with, any period of residence in Scotland that was wholly or mainly for the purpose of receiving full-time education within the immediately preceding three-year period. If it is, then you will not be eligible for a 'home' fee under this category; and
2. If you are ordinarily resident in Scotland as a result of having moved from a part of the United Kingdom other than Scotland for the purpose of undertaking a course of education, then you are considered to be ordinarily resident in the part of the United Kingdom from where you moved. Again, you will not be eligible for a ‘home’ fee under this category but please see Eligibility for the ‘RUK’ fee, below.

Changes to this category for 2024/25

All persons using this category for a course starting on or after 1 August 2024 are subject to new tests about their ordinary residence in Scotland on the relevant date.

This category is our interpretation of provisions in Schedule 1 paragraph 18 of the fees regulations (titled in the fees regulations as 'Persons who are children of asylum seekers and young asylum seekers').

The regulations define these terms in the following ways:

"In this paragraph—
“child of an asylum seeker” means a person who is the child of an asylum seeker as defined in section 18 of the Nationality, Immigration and Asylum Act 2002(27), and
“young asylum seeker” means an unaccompanied asylum-seeker who is under the age of 18. "

To be eligible for ‘home’ fees under this category, you must meet all of the following criteria:

(a) you must be a young asylum seeker or the child of an asylum seeker; and

(b) you must be resident in Scotland on the relevant date [see Definitions]; and

(c) you must have been under 18 years old on the date when you or your parent applied for asylum;

Up until 1 August 2023, the regulations also require that:

1. the asylum application (yours or that of your parent) must have been made before 1 December 2006; and
2. you must be under 25 years old on the relevant date.

However, for an academic year beginning on or after 1 August 2023, these two requirements are being removed from the regulations.

This category is our interpretation of provisions in Schedule 1 paragraph 20 of the fees regulations.

To be eligible for ‘home’ fees under this category, you must meet all of the following criteria:

(a) you must be the child [see Definitions] of a Turkish national; and

(b) your Turkish national parent must be ordinarily resident in Scotland and must be, or have been, lawfully employed in the UK [see Definitions for an explanation of some of these terms]; and

(c) both you and your Turkish national parent must have been ordinarily resident in the UK before 11pm on 31 December 2020; and

(d) you must be ordinarily resident in Scotland on the relevant date [see Definitions]. However, the fees regulations apply two additional tests in relation to being ordinarily resident in Scotland on the relevant date:

1. Your ordinary residence in Scotland on the relevant date must not be attributable to, or connected with, any period of residence in Scotland that was wholly or mainly for the purpose of receiving full-time education within the immediately preceding three-year period. If it is, then you will not be eligible for a 'home' fee under this category; and
2. If you are ordinarily resident in Scotland as a result of having moved from a part of the United Kingdom other than Scotland for the purpose of undertaking a course of education, then you are considered to be ordinarily resident in the part of the United Kingdom from where you moved. Again, you will not be eligible for a ‘home’ fee under this category but please see Eligibility for the ‘RUK’ fee, below;

and

(e) you must have been ordinarily resident in the UK, Islands, Gibraltar and in the territory comprising the EEA [see Definitions], Switzerland and Turkey for the three years immediately prior to the relevant date, and the whole or 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.

Changes to this category for 2024/25

For a person starting a course on or after 1 August 2024, this category now has a test regarding the main or whole purpose of residence in the relevant area for the three-year preceding the relevant date. Additionally, all persons using this category are now subject to new tests about their ordinary residence in Scotland on the relevant date.

The Scottish Government makes provision, in guidance-only, for the following groups to be eligible for the 'RUK' fee (but not the 'home' fee). These extra provisions are made in EU Residence Guide - Tuition Fee Status of Student Starting Studies Post-Brexit [2023_06].pdf (see pages 8-9). This is fees assessment guidance, published on behalf of the Scottish Government by Student Awards Agency Scotland (SAAS).

• UK nationals and their family members living in the EEA or Switzerland on 31 December 2020 (or living in the UK immediately following a period of residence in the EEA or Switzerland), who lived in another part of the UK before moving there, and who have lived in the EEA or Switzerland for the 3 years prior to the relevant date. They must be ordinarily resident in Scotland on the relevant date.
• UK nationals living in the EEA or Switzerland for at least 3 years prior to the relevant date and who lived there between 31 December 2020 and the relevant date, but who did not live in the UK before moving there. They must be ordinarily resident in Scotland on the relevant date.
• Non-UK national family members of UK nationals living in the EEA or Switzerland for at least 3 years prior to the relevant date, whether or not they lived in the UK before moving there. They must be ordinarily resident in Scotland on the relevant date.
• UK nationals or EU nationals with a right of residence under the Withdrawal Agreement,  ordinarily resident in Gibraltar on the relevant date and who have lived in the UK, EEA or Switzerland for at least 3 years prior to the relevant date.

In all cases, the course must start before 31 July 2028.

The EU Residence Guide - Tuition Fee Status of Student Starting Studies Post-Brexit [2023_06].pdf states, in a footnote on page 6, that "References to residence in the EEA or Switzerland within this guidance also include residence in Gibraltar".