Higher education (HE) courses include HNC and HND courses, undergraduate degrees (for example, BA, BSc, BEd), and postgraduate degrees (for example, MA, MSc, PhD).
The rules about who pays ‘home’ fees for higher education courses in Northern Ireland are set by the Northern Ireland Assembly (they are not set by UKCISA). They are set out in the following regulations:
The regulations identify all the different ‘categories’ of student who can insist on paying a ‘home’ rate of fee. They set out all the requirements you need to meet, to fit one those categories. If you meet all the criteria required by any one category, including any residence requirements, your institution must charge you a ‘home’ fee rate. You only need to find one category that you fit into (if you fit more than one, that is not a problem).
The regulations can be difficult to understand, so UKCISA has provided this information to help you.
In some categories in Northern Ireland, some students pay a higher rate of ‘home’ fee than others (for example, it might be £9,250 instead of £4,750 for an undergraduate course). If this applies to a category you are looking at, you will find information about it towards the end of the category. It is not true of all categories.
There are lots of different categories to look at. Most of them are described in this pdf guide:
The remaining categories are for very niche groups. They are described below, numbered 1 to 12 - open up the section if you think one of them might apply to you.
This category is for any academic years of your course that start on or after 1 August 2021.
In order to qualify for 'home' fees under this category, you must meet all of the following criteria:
(a) on the first day of the first academic year of the course, you must either be:
(i) under the age of 18 and have lived in the UK throughout the seven-year period preceding the first day of the first academic year of the course; or
(ii) aged 18 years old or above and, preceding the first day of the first academic year of the course, have lived in the UK throughout either:
(aa) half your life; or
(bb) a period of twenty-years;
and
(b) you must be ordinarily resident in Northern Ireland on the first day of the first academic year of the course; and
(c) you must have been ordinarily resident in the UK and Islands throughout the three-year period preceding the first day of the first academic year of the course. See our definition of ordinary residence, including the need for residence to be / have been lawful;
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.
Extra note: If you meet all the criteria but the reason you moved to Northern Ireland from England, Wales, Scotland, the Channel Islands or the Isle of Man was to undertake a course, then you will be charged a higher rate of ‘home’ fee than a Northern Ireland student (for example it might be £9,250 instead of £4,750 for an undergraduate course).
The requirements for this category were different in academic years that started before 1 August 2024. So it is important you also look at category 2b, if you started before 1 August 2024.
This category is only for students who start their course on or after 1 August 2021.
In order to qualify for 'home' fees under this category, you must meet all of the following criteria:
(a) on the first day of the academic year you are paying fees for (unless you are being assessed for the first academic year of your course, in which case use instead the day on which the first term of the first academic year actually begins), you must be a person who has been granted indefinite leave to remain in the UK under any of the following provisions of the immigration rules:
(i) paragraph 289B (victims of domestic violence);
(ii) paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse); or
(iii) paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces);
(b) you must have been ordinarily resident in the UK and Islands since you were granted such leave; and
(c) you must be ordinarily resident in the UK on the day on which the first term of the first academic year actually begins (note this is a different date from the first day of the first academic year of the course).
Note: Usually you do not count as 'ordinarily resident' in a place unless your residence there is lawful. However, the regulations make a special adjustment to that for requirement (c) in category 2a. They say that if you were granted indefinite leave after the day on which the first term of the first academic year actually began, you get special treatment. The special treatment means you are treated as though your residence was lawful, even if it was unlawful. The residence can therefore count as 'ordinary residence' for the purpose of requirement (c).
Becoming eligible
If you are granted indefinite leave as a victim of domestic violence or domestic abuse 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.
The requirements for this category will become a little more generous on 1 August 2024, so look at category 2a too, for information about fees for academic years that start on or after 1 August 2024.
This category is only for students who start their course on or after 1 August 2021.
In order to qualify for 'home' fees under this category, you must meet all of the following criteria:
(a) on the first day of the academic year you are paying fees for, you must be a person who has been granted indefinite leave to remain in the UK under any of the following provisions of the immigration rules:
(i) paragraph 289B (victims of domestic violence);
(ii) paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse); or
(iii) paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces);
(b) you must have been ordinarily resident in the UK and Islands since you were granted such leave; and
(c) you must be ordinarily resident in the UK on the first day of the first academic year of the course.
Becoming eligible
If you are granted indefinite leave as a victim of domestic violence or domestic abuse 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 of category 2b or 2a.
The requirements for this category were different in academic years that started before 1 August 2024. So it is important you also look at category 3b, if you started before 1 August 2024.
This category is only for students who start their course on or after 1 August 2021.
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 day on which the first term of the first academic year actually begins (note this is a different date from the first day of the first academic year of the course);
Note: Usually you do not count as 'ordinarily resident' in a place unless your residence there is lawful. However, the regulations make a special adjustment to that for requirement (a) in category 2a. They say that if you are given your indefinite leave after the day on which the first term of the first academic year actually began, you get special treatment. The special treatment means you are treated as though your residence was lawful, even if it was unlawful. The residence can therefore count as 'ordinary residence' for the purpose of requirement (a).
and
(b) on the first day of the academic year you are paying fees for (unless you are being assessed for the first academic year of your course, in which case use instead the day on which the first term of the first academic year actually begins) you must be a person with indefinite leave to remain as a bereaved partner, under any of the following provisions of the Immigration Rules: paragraphs 287(b) and 288; Appendix FM paragraph D-BPILR 1.1; Appendix Armed Forces paragraph 36; paragraphs 295M and 295N; and
(c) you must have been ordinarily resident in the UK and Islands throughout the period since being given your leave to remain as a bereaved partner
Becoming eligible
If you are granted leave as a bereaved partner 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.
The requirements for this category will become a little more generous on 1 August 2024, so look at category 3a too, for information about fees for academic years that start on or after 1 August 2024.
This category is only for students who start their course on or after 1 August 2021.
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 the academic year you are paying fees for, you must be a person with indefinite leave to remain as a bereaved partner, under any of the following provisions of the Immigration Rules: paragraphs 287(b) and 288; Appendix FM paragraph D-BPILR 1.1; Appendix Armed Forces paragraph 36; paragraphs 295M and 295N; and
(c) you must have been ordinarily resident in the UK and Islands throughout the period since being given your leave to remain as a bereaved partner
Becoming eligible
If you are granted leave as a bereaved partner 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 of category 3b or 3a.
The requirements for this category were different in academic years that started before 1 August 2024. So it is important you also look at category 4b, if you started before 1 August 2024.
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 day on which the first term of the first academic year actually begins (note this is a different date from the first day of the first academic year of the course);
Note: Usually you do not count as 'ordinarily resident' in a place unless your residence there is lawful. However, the regulations make a special adjustment to that for requirement (a) in category 4a. They say that if you (or your parent, spouse or civil partner) is recognised by the UK Government as a refugee after the day on which the first term of the first academic year actually began, you get special treatment. The special treatment means you are treated as though your residence was lawful, even if it was unlawful. The residence can therefore count as 'ordinary residence' for the purpose of requirement (a).
and
(b) on the first day of the academic year you are paying fees for (unless you are being assessed for the first academic year of your course, in which case use instead the day on which the first term of the first academic year actually begins), 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 in the UK and Islands:
- 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.
Expiry date for refugee permission to stay
The refugee permission to stay might have an expiry date. If the person makes an application to extend or change their leave before it expires, and that application is not decided before the expiry date, then immigration law dictates that they carry on being treated as a refugee while they wait for a decision to be made (and if their application is refused, then also while they wait for an appeal or administrative review of the decision). They count as a 'refugee recognised by the UK Government' for fee assessment purposes during all of that time.
Becoming eligible
If you are, or if your parent or spouse or civil partner is, recognised as a refugee 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.
Refugee Status: where someone gains British citizenship
The Immigration Rules revoke someone's Refugee Status once s/he 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.
The requirements for this category will become a little more generous on 1 August 2024. So also look at category 4a, for information about fees for academic years that start on or after 1 August 2024.
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 the academic year you are paying fees for, 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 in the UK and Islands:
- 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.
Becoming eligible
If you are, or if your parent or spouse or civil partner is, recognised as a refugee 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 of category 4b or 4a.
Refugee Status: where someone gains British citizenship
The Immigration Rules revoke someone's Refugee Status once s/he 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.
The requirements for this category were different in academic years that started before 1 August 2024. So it is important you also look at category 5b, if you started before 1 August 2024.
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 day on which the first term of the first academic year actually begins (note this is a different date from the first day of the first academic year of the course);
Note: Usually you do not count as 'ordinarily resident' in a place unless your residence there is lawful. However, the regulations make a special adjustment to that for requirement (a) in category 5a. They say that if you (or your parent, spouse or civil partner) became a 'person granted humanitarian protection' after the day on which the first term of the first academic year actually began, you get special treatment. The special treatment means you are treated as though your residence was lawful, even if it was unlawful. The residence can therefore count as 'ordinary residence' for the purpose of requirement (a).
and
(b) on the first day of the academic year you are paying fees for (unless you are being assessed for the first academic year of your course, in which case use instead the day on which the first term of the first academic year actually begins), you must be:
1. a "person granted humanitarian protection", which means a person:
- who has been granted leave to remain in the UK under the Immigration Rules, on the grounds of 'humanitarian protection'; and
- whose leave to remain is 'extant', or in respect of whose leave to remain an appeal is pending; and
- who has been ordinarily resident in the UK and Islands throughout the period since being granted their humanitarian protection;
or
2. the spouse or civil partner of a "person granted humanitarian protection" (as above), and you:
- were the spouse or civil partner of that person on the date on which they applied for asylum; and
- you have been ordinarily resident in the UK and Islands throughout the period since being given your leave to enter or remain
or
3. the child of a "person granted humanitarian protection" (as above), or a child of that person's spouse or civil partner, and:
- at the time the person granted humanitarian protection applied for asylum, you must have been under 18 years old and the child of that person or of someone who was the spouse or civil partner of that person on that date; and
- you must have been ordinarily resident in the UK and Islands throughout the period since being given your leave to enter or remain
Expiry date for leave on grounds of humanitarian protection
The leave to remain might have an expiry date. If the person makes an application to extend or change their leave before it expires, and that application is not decided before the expiry date, then immigration law dictates that they carry on being treated as a person with leave to remain on the grounds of humanitarian protection while they wait for a decision to be made (and if their application is refused, then also while they wait for an appeal or administrative review of the decision). They count as a 'person with leave to remain on the grounds of humanitarian protection' for fee assessment purposes during all of that time.
Becoming eligible
If you are, or if your parent (or your parent's spouse / civil partner) is, or if your own spouse / civil partner is, granted humanitarian protection 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.
The requirements for this category will become a little more generous on 1 August 2024. So also look at category 5a, for information about fees for academic years that start on or after 1 August 2024.
This category is for any academic year of your course that starts on or after 1 August 2021 but before 1 August 2024. For academic years that start before 1 August 2021, ask your fee assessor about the old 'Person with leave to remain, and family' 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 the academic year you are paying fees for, you must be:
1. a "person granted humanitarian protection", which means a person:
- who has been granted leave to remain in the UK under the Immigration Rules, on the grounds of 'humanitarian protection'; and
- whose leave to remain is 'extant', or in respect of whose leave to remain an appeal is pending; and
- who has been ordinarily resident in the UK and Islands throughout the period since being granted their humanitarian protection;
or
2. the spouse or civil partner of a "person granted humanitarian protection" (as above), and you:
- were the spouse or civil partner of that person on the date on which they applied for asylum; and
- you have been ordinarily resident in the UK and Islands throughout the period since being given your leave to enter or remain
or
3. the child of a "person granted humanitarian protection" (as above), or a child of that person's spouse or civil partner, and:
- at the time the person granted humanitarian protection applied for asylum, you must have been under 18 years old and the child of that person or of someone who was the spouse or civil partner of that person on that date; and
- you must have been ordinarily resident in the UK and Islands throughout the period since being given your leave to enter or remain
Expiry date for leave on grounds of humanitarian protection
The leave to remain might have an expiry date. If the person makes an application to extend or change their leave before it expires, and that application is not decided before the expiry date, then immigration law dictates that they carry on being treated as a person with leave to remain on the grounds of humanitarian protection while they wait for a decision to be made (and if their application is refused, then also while they wait for an appeal or administrative review of the decision). They count as a 'person with leave to remain on the grounds of humanitarian protection' for fee assessment purposes during all of that time.
Becoming eligible
If you are, or if your parent (or your parent's spouse / civil partner) is, or if your own spouse / civil partner is, granted humanitarian protection 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 of category 5b or 5a.
The requirements for this category were different in academic years that started before 1 August 2024. So it is important you also look at category 6b, if you started before 1 August 2024.
In order to qualify for 'home' fees under this category, you must meet the following criteria:
(a) you must be ordinarily resident in the UK on the day on which the first term of the first academic year actually begins (note this is a different date from the first day of the first academic year of the course);
Note: Usually you do not count as 'ordinarily resident' in a place unless your residence there is lawful. However, the regulations make a special adjustment to that for requirement (a) in category 6a. They say that if you (or your parent, spouse or civil partner) became a 'person granted stateless leave' after the day on which the first term of the first academic year actually began, you get special treatment. The special treatment means you are treated as though your residence was lawful, even if it was unlawful. The residence can therefore count as 'ordinary residence' for the purpose of requirement (a).
and
(b) on the first day of the academic year you are paying fees for (unless you are being assessed for the first academic year of your course, in which case use instead the day on which the first term of the first academic year actually begins), you must be:
1. a "person granted stateless leave", which means a person who has:
- extant leave to remain as a stateless person under the immigration rules; and
- been ordinarily resident in the UK and Islands throughout the period since being given stateless leave;
or
2. a person who is the spouse / civil partner of a "person granted stateless leave" (defined above) and who:
- on the date the "person granted stateless leave" first applied for stateless leave in the UK, was the spouse / civil partner of that person;
or
3. a person who is the child of a "person granted stateless leave", or the child of the spouse / civil partner of a "person granted stateless leave", and on the date the "person granted stateless leave" first applied for stateless leave in the UK was under 18 and:
- the child of a "person granted stateless leave" or
- the child of a person who, on that date, was the spouse / civil partner of the "person granted stateless leave"
Expiry date for leave to remain as a stateless person
The leave to remain might have an expiry date. If the person makes an application to extend or change their leave before it expires, and that application is not decided before the expiry date, then immigration law dictates that they carry on being treated as a person with leave to remain as a stateless person while they wait for a decision to be made (and if their application is refused, then also while they wait for an appeal or administrative review of the decision). They count as a 'person with leave to remain as a stateless person' for fee assessment purposes during all of that time.
Becoming eligible
If you are, or if your parent (or your parent's spouse / civil partner) is, or if your own spouse / civil partner is, granted stateless leave 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.
The requirements for this category will become a little more generous on 1 August 2024. So also look at category 6a, for information about fees for academic years that start on or after 1 August 2024.
This category is for any academic years of your course that start on or after 1 August 2021 but before 1 August 2024.
In order to qualify for 'home' fees under this category, you must meet 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 the academic year you are paying fees for, you must be:
1. a "person granted stateless leave", which means a person who has:
- extant leave to remain as a stateless person under the immigration rules; and
- been ordinarily resident in the UK and Islands throughout the period since being given stateless leave;
or
2. a person who is the spouse / civil partner of a "person granted stateless leave" (defined above) and who:
- on the date the "person granted stateless leave" first applied for stateless leave in the UK, was the spouse / civil partner of that person;
or
3. a person who is the child of a "person granted stateless leave", or the child of the spouse / civil partner of a "person granted stateless leave", and on the date the "person granted stateless leave" first applied for stateless leave in the UK was under 18 and:
- the child of a "person granted stateless leave" or
- the child of a person who, on that date, was the spouse / civil partner of the "person granted stateless leave"
Expiry date for leave to remain as a stateless person
The leave to remain might have an expiry date. If the person makes an application to extend or change their leave before it expires, and that application is not decided before the expiry date, then immigration law dictates that they carry on being treated as a person with leave to remain as a stateless person while they wait for a decision to be made (and if their application is refused, then also while they wait for an appeal or administrative review of the decision). They count as a 'person with leave to remain as a stateless person' for fee assessment purposes during all of that time.
Becoming eligible
If you are, or if your parent (or your parent's spouse / civil partner) is, or if your own spouse / civil partner is, granted stateless leave 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 of 6b or 6a.
The requirements for this category were different in academic years that started before 1 August 2024. So it is important you also look at category 7b, if you started before 1 August 2024.
This category is only for students who started their course on or after 1 August 2019.
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 day on which the first term of the first academic year actually begins (note this is a different date from the first day of the first academic year of the course);
Note: Usually you do not count as 'ordinarily resident' in a place unless your residence there is lawful. However, the regulations make a special adjustment to that for requirement (a) in category 7a. They say that if you became a 'person with Section 67 leave' (or a dependent child granted leave for the same period) after the day on which the first term of the first academic year actually began, you get special treatment. The special treatment means you are treated as though your residence was lawful, even if it was unlawful. The residence can therefore count as 'ordinary residence' for the purpose of requirement (a).
and
(b) on the first day of the academic year you are paying fees for (unless you are being assessed for the first academic year of your course, in which case use instead the day on which the first term of the first academic year actually begins), you must be either:
1. a person with Section 67 leave (it doesn’t matter if the Section 67 leave is for a limited period, or an indefinite period); or
2. a dependent child of a person with Section 67 leave, who has been granted leave for the same period.
Expiry date for leave
The leave might have an expiry date. If the person makes an application to extend or change their leave before it expires, and that application is not decided before the expiry date, then immigration law dictates that they carry on being treated as a person with the old leave while they wait for a decision to be made (and if their application is refused, then also while they wait for an appeal or administrative review of the decision). They count as a person with the old type of leave for fee assessment purposes during all of that time.
Becoming eligible
If you are, or if your parent is, granted section 67 leave 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.
The requirements for this category will become a little more generous on 1 August 2024. So look also at category 7a, for information about fees for academic years that start on or after 1 August 2024.
This category is only for students who start their course on or after 1 August 2019.
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 the academic year you are paying fees for, you must be either:
1. a person with Section 67 leave (it doesn’t matter if the Section 67 leave is for a limited period, or an indefinite period); or
2. a dependent child of a person with Section 67 leave, who has been granted leave for the same period;
and
(c) Only if you are being assesssed for an academic year starting before 1 August 2021:
you must 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.
Expiry date for leave
The leave might have an expiry date. If the person makes an application to extend or change their leave before it expires, and that application is not decided before the expiry date, then immigration law dictates that they carry on being treated as a person with the old leave while they wait for a decision to be made (and if their application is refused, then also while they wait for an appeal or administrative review of the decision). They count as a person with the old type of leave for fee assessment purposes during all of that time.
Becoming eligible
If you are, or if your parent is, granted section 67 leave 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 of category 7b or 7a.
The requirements for this category were different in academic years that started before 1 August 2024. So it is important you also look at category 8b, if you started before 1 August 2024.
This category is only for students who start their course on or after 1 August 2021.
In order to qualify for 'home' fees under this category, you must meet all of the following criteria:
(a) on the first day of the academic year you are paying fees for (unless you are being assessed for the first academic year of your course, in which case use instead the day on which the first term of the first academic year actually begins), you must be a person granted Calais leave, which means “a person who has extant leave to remain in the UK 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"; and
(b) you must have been ordinarily resident in the UK and Islands since you were granted such leave; and
(c) you must be ordinarily resident in the UK on the day on which the first term of the first academic year actually begins (note this is a different date from the first day of the first academic year of the course);
Note: Usually you do not count as 'ordinarily resident' in a place unless your residence there is lawful. However, the regulations make a special adjustment to that for requirement (c) in category 8a. They say that if you became a 'person granted Calais leave' after the day on which the first term of the first academic year actually began, you get special treatment. The special treatment means you are treated as though your residence was lawful, even if it was unlawful. The residence can therefore count as 'ordinary residence' for the purpose of requirement (c).
Expiry date for Calais leave
The leave might have an expiry date. If the person makes an application to extend or change their leave before it expires, and that application is not decided before the expiry date, then immigration law dictates that they carry on being treated as a person with Calais leave while they wait for a decision to be made (and if their application is refused, then also while they wait for an appeal or administrative review of the decision). They count as a person with Calais leave for fee assessment purposes during all of that time.
Becoming eligible
If you are granted Calais leave 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.
The requirements for this category will become a little more generous on 1 August 2024. So look also at category 8a, for information about fees for academic years that start on or after 1 August 2024.
This category is only for students who start their course on or after 1 August 2021.
In order to qualify for 'home' fees under this category, you must meet all of the following criteria:
(a) on the first day of the academic year you are paying fees for, you must be a person granted Calais leave, which means “a person who has extant leave to remain in the UK 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"; and
(b) you must have been ordinarily resident in the UK and Islands since you were granted such leave; and
(c) you must be ordinarily resident in the UK on the first day of the first academic year of the course.
Expiry date for Calais leave
The leave might have an expiry date. If the person makes an application to extend or change their leave before it expires, and that application is not decided before the expiry date, then immigration law dictates that they carry on being treated as a person with Calais leave while they wait for a decision to be made (and if their application is refused, then also while they wait for an appeal or administrative review of the decision). They count as a person with Calais leave for fee assessment purposes during all of that time.
Becoming eligible
If you are granted Calais leave 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 of 8b or 8a.
The requirements for this category were different in academic years that started before 1 August 2024. So it is important you also look at category 9b, if you started before 1 August 2024.
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 day on which the first term of the first academic year actually begins (note this is a different date from the first day of the first academic year of the course);
Note: Usually you do not count as 'ordinarily resident' in a place unless your residence there is lawful. However, the regulations make a special adjustment to that for requirement (a) in category 9a. They say that if you (or your parent, spouse or civil partner) becomes a 'person with leave to enter or remain on the grounds of discretionary leave' after the day on which the first term of the first academic year actually began, you get special treatment. The special treatment means you are treated as though your residence was lawful, even if it was unlawful. The residence can therefore count as 'ordinary residence' for the purpose of requirement (a).
and
(b) on the first day of the academic year you are paying fees for (unless you are being assessed for the first academic year of your course, in which case use instead the day on which the first term of the first academic year actually begins), you must be:
1. a "person with leave to enter or remain on the grounds of discretionary leave", which means a person:
- who has either:
- applied for refugee status, but been informed by the Home Office that, although he/she is considered not to qualify for recognition as a refugee, it is thought right to allow him/her to enter or remain in the UK on the grounds of discretionary leave; or
- not applied for refugee status, and been informed by the Home Office that it is thought right to allow him/her to enter or remain in the UK on the grounds of discretionary leave; and
- who has been granted leave to enter or leave to remain accordingly
- whose period of leave to enter or remain has not expired, or has been renewed and the period for which it was renewed has not expired, or in respect of whose leave to enter or remain an appeal is pending; and
- who has been ordinarily resident in the UK and Islands throughout the period since he/she was granted leave to enter or remain;
or
2. the spouse or civil partner of a "person with leave to enter or remain on the grounds of discretionary leave" (as above), and:
- you must have been the spouse or civil partner of that person on the date on which they made the application that resulted in their discretionary leave; and
- you must have been ordinarily resident in the UK and Islands throughout the period since you were granted your own leave to enter or remain
or
3. the child of a "person with leave to enter or remain on the grounds of discretionary leave" (as above), or a child of that person's spouse or civil partner, and:
- at the time the "person with leave to enter or remain on the grounds of discretionary leave" made the application that resulted in their discretionary leave, you must have been:
- under 18 years old, and
- the child of that person or of someone who was the spouse or civil partner of that person on that date; and
- you must have been ordinarily resident in the UK and Islands throughout the period since you were granted your own leave to enter or remain
Expiry date for discretionary leave
The discretionary leave might have an expiry date. If the person makes an application to extend or change their leave before it expires, and that application is not decided before the expiry date, then immigration law dictates that they carry on being treated as a person with discretionary leave while they wait for a decision to be made (and if their application is refused, then also while they wait for an appeal or administrative review of the decision). They count as a 'person with discretionary leave' for fee assessment purposes during all of that time.
Becoming eligible
If you are, or if your parent or spouse or civil partner is, granted discretionary leave 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.
The requirements for this category will become a little more generous on 1 August 2024. So look also at category 9a, for information about fees for academic years that start on or after 1 August 2024.
This category is for any academic years of your course that start on or after 1 August 2021 but before 1 August 2024.
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 the academic year you are paying fees for, you must be:
1. a "person with leave to enter or remain on the grounds of discretionary leave", which means a person:
- who has either:
- applied for refugee status, but been informed by the Home Office that, although he/she is considered not to qualify for recognition as a refugee, it is thought right to allow him/her to enter or remain in the UK on the grounds of discretionary leave; or
- not applied for refugee status, and been informed by the Home Office that it is thought right to allow him/her to enter or remain in the UK on the grounds of discretionary leave; and
- who has been granted leave to enter or leave to remain accordingly
- whose period of leave to enter or remain has not expired, or has been renewed and the period for which it was renewed has not expired, or in respect of whose leave to enter or remain an appeal is pending; and
- who has been ordinarily resident in the UK and Islands throughout the period since he/she was granted leave to enter or remain;
or
2. the spouse or civil partner of a "person with leave to enter or remain on the grounds of discretionary leave" (as above), and:
- you must have been the spouse or civil partner of that person on the date on which they made the application that resulted in their discretionary leave; and
- you must have been ordinarily resident in the UK and Islands throughout the period since you were granted your own leave to enter or remain
or
3. the child of a "person with leave to enter or remain on the grounds of discretionary leave" (as above), or a child of that person's spouse or civil partner, and:
- at the time the "person with leave to enter or remain on the grounds of discretionary leave" made the application that resulted in their discretionary leave, you must have been:
- under 18 years old, and
- the child of that person or of someone who was the spouse or civil partner of that person on that date; and
- you must have been ordinarily resident in the UK and Islands throughout the period since you were granted your own leave to enter or remain
Expiry date for discretionary leave
The discretionary leave might have an expiry date. If the person makes an application to extend or change their leave before it expires, and that application is not decided before the expiry date, then immigration law dictates that they carry on being treated as a person with discretionary leave while they wait for a decision to be made (and if their application is refused, then also while they wait for an appeal or administrative review of the decision). They count as a 'person with discretionary leave' for fee assessment purposes during all of that time.
Becoming eligible
If you are, or if your parent or spouse or civil partner is, granted discretionary leave 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 of category 9b or 9a.
The requirements for this category were very different in academic years that started before 1 August 2024 (particularly for spouses, civil partners and children). So it is important you look at category 10b too, if you started your course before 1 August 2024.
Category 10a is only for students who start their course on or after 1 August 2023.
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 day on which the first term of the first academic year actually begins (note this is a different date from the first day of the first academic year of the course);
Note: Usually you do not count as 'ordinarily resident' in a place unless your residence there is lawful. However, the regulations make a special adjustment to that for requirement (a) in category 10a. They say that if you (or your parent, spouse or civil partner) became a 'person granted leave under one of the Afghan Schemes' after the day on which the first term of the first academic year actually began, you get special treatment. The special treatment means you are treated as though your residence was lawful, even if it was unlawful. The residence can therefore count as 'ordinary residence' for the purpose of requirement (a).
and
(b) on the first day of the academic year you are paying fees for (unless you are being assessed for the first academic year of your course, in which case use instead the day on which the first term of the first academic year actually begins), you must be:
1. a "person granted leave under one of the Afghan Schemes", which means a person:
- who has any one of these four types of leave (if they fit one, you can ignore the other three entirely):
- indefinite leave to enter or indefinite leave to remain in the UK, outside the immigration rules, on the basis of the Afghan Citizens Resettlement Scheme
- leave to enter the UK on the basis of the Afghan Relocations and Assistance Policy Scheme (note that leave on the basis of the ‘Afghanistan Locally Employed Staff Ex-Gratia Scheme’ does not count for this, but see the section below headed 'If a biometric residence permit shows ALES' for an important warning)
- indefinite leave to enter or indefinite leave to remain in the UK, outside the immigration rules, on the basis of the Afghan Relocations and Assistance Policy Scheme (note that leave on the basis of the ‘Afghanistan Locally Employed Staff Ex-Gratia Scheme’ does not count for this, but see the section below headed 'If a biometric residence permit shows ALES' for an important warning)
- indefinite leave to enter or indefinite leave to remain in the UK granted to them under the immigration rules for the Afghan Relocations and Assistance Policy because of their own work in Afghanistan (not the work of a partner or parent). Note that leave on the basis of the ‘Afghanistan Locally Employed Staff Ex-Gratia Scheme’ does not count for this (but see the section below headed 'If a biometric residence permit shows ALES' for an important warning)
and
or
2. the spouse or civil partner of a “person granted leave under one of the Afghan Schemes” (look above the definition). You must have been their spouse or civil partner at the time they made the application that resulted in them being given their leave, and:
- you must have been ordinarily resident in the UK and Islands throughout the period since you were granted leave to enter or remain; and
- you must be ordinarily resident in the UK and Islands
Note: Usually you do not count as 'ordinarily resident' in a place unless your residence there is lawful. However, the regulations make a special adjustment to that for this second bullet point of requirement (b)2 in category 10a. They say that if you are being assessed for the first academic year of your course, and your spouse or civil partner became a "person granted leave under one of the Afghan Schemes" after the day on which the first term of the first academic year actually began, you get special treatment. The special treatment means you are treated as though your residence was lawful, even if it was unlawful. The residence can therefore count as 'ordinary residence'.
or
3. the child of either:
- a “person granted leave under one of the Afghan Schemes” (look above for the definition). You must have been their child at the time they made the application that resulted in them being given their leave, and under 18 on that date; or
- the spouse or civil partner of a “person granted leave under one of the Afghan Schemes” (look above for the definition). At the time when the “person granted leave under one of the Afghan Schemes” made the application that resulted in them being given their leave:
-
- they must have been the spouse or civil partner; and
- you must have been the child of the spouse or civil partner; and
- you must have been under 18.
You (the child) must also:
- have been ordinarily resident in the UK and Islands throughout the period since you were granted leave to enter or remain; and
- be ordinarily resident in the UK and Islands.
Note: Usually you do not count as 'ordinarily resident' in a place unless your residence there is lawful. However, the regulations make a special adjustment to that for this second bullet point of requirement (b)3 in category 10a. They say that if you are being assessed for the first academic year of your course, and your parent became a "person granted leave under one of the Afghan Schemes" after the day on which the first term of the first academic year actually began, you get special treatment. The special treatment means you are treated as though your residence was lawful, even if it was unlawful. The residence can therefore count as 'ordinary residence'.
If a biometric residence permit shows 'ALES'
The letters 'ALES' are used on the biometric residence permits of two different groups of people:
- People granted leave on the basis of the Afghan Relocations and Assistance Policy Scheme
- People granted leave on the basis of the Afghanistan Locally Employed Staff Ex-Gratia Scheme
The Home Office confirmed this to UKCISA.
So if you have leave on the basis of the Afghan Relocations and Assistance Policy Scheme, do not just show your biometric residence permit. Show a letter or other document from a UK government department (for example, the Ministry of Defence or the Home Office) that mentions both the 'Afghan Relocations and Assistance Policy Scheme' (or 'ARAP') and your name. This will act as confirmation that the leave was granted on the basis of that scheme.
Make sure you emphasise to the fee assessor from the beginning that the leave was issued on the basis of the Afghan Relocations and Assistance Policy Scheme and not the Afghanistan Locally Employed Staff Ex-Gratia Scheme. You might want to send them a link to this paragraph, too.
Expiry date for the leave (immigration permission)
The leave (immigration permission) might have an expiry date. If the person makes an application to extend or change their leave before it expires, and that application is not decided before the expiry date, then immigration law dictates that they carry on being treated as a person with that type of leave while they wait for a decision to be made (and if their application is refused, then also while they wait for an appeal or administrative review of the decision). They count as a person with that leave for fee assessment purposes during all of that time.
Becoming eligible
If one of the four types of leave is granted 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.
The requirements for this category will change (particularly for spouses, civil partners and children) on 1 August 2024. So look also at category 10a, for information about fees for academic years that start on or before 1 August 2024.
This category is only for students who start their course on or after 1 August 2022.
In order to qualify for 'home' fees under this category, you must meet all of the following criteria:
(a) on the first day of the academic year you are paying fees for, you must be a person with any one of these six types of leave:
1. Indefinite leave to enter or indefinite leave to remain in the UK, outside the immigration rules, on the basis of the Afghan Citizens Resettlement Scheme
2. Indefinite leave to enter or indefinite leave to remain in the UK, outside the immigration rules, which was granted to you as:
• the spouse / civil partner / dependent child of a person who was granted indefinite leave on the basis of the Afghan Citizens Resettlement Scheme; or
• the dependent child of the spouse / civil partner of a person who was granted indefinite leave on the basis of the Afghan Citizens Resettlement Scheme
3. leave to enter the UK on the basis of the Afghan Relocations and Assistance Policy Scheme (note that leave on the basis of the ‘Afghanistan Locally Employed Staff Ex-Gratia Scheme’ does not count for this, but see the note below headed 'If a biometric residence permit shows ALES' for an important warning)
4. indefinite leave to enter or indefinite leave to remain in the UK, outside the immigration rules, on the basis of the Afghan Relocations and Assistance Policy Scheme (note that leave on the basis of the ‘Afghanistan Locally Employed Staff Ex-Gratia Scheme’ does not count for this, but see the note below headed 'If a biometric residence permit shows ALES' for an important warning)
5. indefinite leave to enter or indefinite leave to remain in the UK granted to you under the immigration rules for the Afghan Relocations and Assistance Policy because of your own work in Afghanistan (not the work of a partner or parent). Note that leave on the basis of the ‘Afghanistan Locally Employed Staff Ex-Gratia Scheme’ does not count for this (but see the note below headed 'If a biometric residence permit shows ALES' for an important warning)
6. leave to enter or indefinite leave to enter the UK, which was granted to you under the immigration rules as:
• the spouse / civil partner / dependent child of a person who was granted leave on the basis of the Afghan Relocations and Assistance Policy Scheme; or
• the dependent child of the spouse / civil partner of a person who was granted leave on the basis of the Afghan Relocations and Assistance Policy Scheme
and
(b) you must have been ordinarily resident in the UK and Islands since you were granted such leave; and
(c) you must be ordinarily resident in the UK on the first day of the first academic year of the course.
If a biometric residence permit shows 'ALES'
The letters 'ALES' are used on the biometric residence permits of two different groups of people:
- People granted leave on the basis of the Afghan Relocations and Assistance Policy Scheme
- People granted leave on the basis of the Afghanistan Locally Employed Staff Ex-Gratia Scheme
The Home Office confirmed this to UKCISA.
So if you have leave on the basis of the Afghan Relocations and Assistance Policy Scheme, do not just show your biometric residence permit. Show a letter or other document from a UK government department (for example, the Ministry of Defence or the Home Office) that mentions both the 'Afghan Relocations and Assistance Policy Scheme' (or 'ARAP') and your name. This will act as confirmation that the leave was granted on the basis of that scheme.
Make sure you emphasise to the fee assessor from the beginning that the leave was issued on the basis of the Afghan Relocations and Assistance Policy Scheme and not the Afghanistan Locally Employed Staff Ex-Gratia Scheme. You might want to send them a link to this paragraph, too.
Expiry date for your leave (immigration permission)
The leave (immigration permission) might have an expiry date. If the person makes an application to extend or change their leave before it expires, and that application is not decided before the expiry date, then immigration law dictates that they carry on being treated as a person with that type of leave while they wait for a decision to be made (and if their application is refused, then also while they wait for an appeal or administrative review of the decision). They count as a person with that leave for fee assessment purposes during all of that time.
The requirements for this category were different in academic years that started before 1 August 2024. So it is important you also look at category 11b, if you started before 1 August 2024.
This category is only for students who start their course on or after 1 August 2022.
In order to qualify for 'home' fees under this category, you must meet all of the following criteria:
(a) on the first day of the academic year you are paying fees for (unless you are being assessed for the first academic year of your course, in which case use instead the day on which the first term of the first academic year actually begins), you must be one of the following:
- British Citizen
- British Overseas Territories Citizen
- British National (Overseas)
- British Overseas Citizen
- British Subject, under the British Nationality Act 1981
- British Protected Person, under the British Nationality Act 1981
and
(b) you were either:
- evacuated from Afghanistan by or on behalf of the UK, a NATO member state, Pakistan, Uzbekistan, Tajikistan, Iran or Qatar during the period from 14 August 2021 to 28 August 2021; or
- assisted by or on behalf of the UK, after 28 August 2021 but before 6 January 2022, to leave Afghanistan
and
(c) you must have been ordinarily resident in the UK and Islands since you were evacuated from or otherwise left Afghanistan; and
(d) you must be ordinarily resident in the UK on the day on which the first term of the first academic year actually begins (note this is a different date from the first day of the first academic year of the course).
The requirements for this category will become a little more generous on 1 August 2024. So look also at category 11a, for information about fees for academic years that start on or after 1 August 2024.
This category is only for students who start their course on or after 1 August 2022.
In order to qualify for 'home' fees under this category, you must meet all of the following criteria:
(a) on the first day of the academic year you are paying fees for, you must be one of the following:
- British Citizen
- British Overseas Territories Citizen
- British National (Overseas)
- British Overseas Citizen
- British Subject, under the British Nationality Act 1981
- British Protected Person, under the British Nationality Act 1981
and
(b) you were either:
- evacuated from Afghanistan by or on behalf of the UK, a NATO member state, Pakistan, Uzbekistan, Tajikistan, Iran or Qatar during the period from 14 August 2021 to 28 August 2021; or
- assisted by or on behalf of the UK, after 28 August 2021 but before 6 January 2022, to leave Afghanistan
and
(c) you must have been ordinarily resident in the UK and Islands since you were evacuated from or otherwise left Afghanistan; and
(d) you must be ordinarily resident in the UK on the first day of the first academic year of the course.
The requirements for this category were different in academic years that started before 1 August 2024. So it is important you look at category 12b too, if you started your course before 1 August 2024.
You can use this category for all the academic years that start on or after 1 August 2024, even if you paid 'overseas' fees for an earlier year of the same course.
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 day on which the first term of the first academic year actually begins (note this is a different date from the first day of the first academic year of the course);
Note: Usually you do not count as 'ordinarily resident' in a place unless your residence there is lawful. However, the regulations make a special adjustment to that for requirement (a) in category 12a. They say that if you (or your parent, spouse or civil partner) became a 'person granted leave under one of the Ukraine Schemes' after the day on which the first term of the first academic year actually began, you get special treatment. The special treatment means you are treated as though your residence was lawful, even if it was unlawful. The residence can therefore count as 'ordinary residence' for the purpose of requirement (a).
and
(b) on the first day of the academic year you are paying fees for (unless you are being assessed for the first academic year of your course, in which case use the day on which the first term of the first academic year actually begins), you must be:
1. a "person granted leave under the Ukraine Schemes", which means a person:
- who has any of these five types of leave (if they fit one, you can ignore the other four entirely):
-
- leave to remain granted under the immigration rules for the Ukraine Extension Scheme
- leave to enter or leave to remain granted under the immigration rules for the Ukraine Family Scheme
- leave to enter or leave to remain granted under the Ukraine Family Scheme, but outside the immigration rules. If it is type of leave iii, these two bullet points must also both be true:
• the person was residing in Ukraine immediately before 1 January 2022; and
• the person left Ukraine in connection with the Russian invasion
- leave to enter or leave to remain granted under the immigration rules for the Homes for Ukraine Sponsorship Scheme
- leave to enter or leave to remain granted under the Homes for Ukraine Sponsorship Scheme, but outside the immigration rules. If it is type of leave v, these two bullet points must also both be true:
• the person was residing in Ukraine immediately before 1 January 2022; and
• the person left Ukraine in connection with the Russian invasion
and
There is a section further down the page titled 'What date does Ukraine Scheme leave start?', which explains when leave is granted.
or
2. the spouse or civil partner of a “person granted leave under the Ukraine Schemes” (look above the definition). You must have been their spouse or civil partner at the time they made the application that resulted in them being given their leave, and:
- you must have been ordinarily resident in the UK and Islands throughout the period since you were granted leave to enter or remain; and
- you must be ordinarily resident in the UK and Islands.
Note: Usually you do not count as 'ordinarily resident' in a place unless your residence there is lawful. However, the regulations make a special adjustment to that for this second bullet point of requirement (b)2 in category 12a. They say that if you are being assessed for the first academic year of your course, and your spouse or civil partner became a 'person granted leave under one of the Ukraine Schemes' after the day on which the first term of the first academic year actually began, you get special treatment. The special treatment means you are treated as though your residence was lawful, even if it was unlawful. The residence can therefore count as 'ordinary residence' for the purpose of this second bullet point.
or
3. the child of either:
- a “person granted leave under the Ukraine Schemes” (look above for the definition). You must have been their child at the time they made the application that resulted in them being given their leave, and under 18 on that date; or
- the spouse or civil partner of a “person granted leave under the Ukraine Schemes” (look above for the definition). At the time when the “person granted leave under the Ukraine Schemes” made the application that resulted in them being given their leave:
- they must have been the spouse or civil partner; and
- you must have been the child of the spouse or civil partner; and
- you must have been under 18.
You (the child) must also:
- have been ordinarily resident in the UK and Islands throughout the period since you were granted leave to enter or remain; and
- be ordinarily resident in the UK and Islands.
Note: Usually you do not count as 'ordinarily resident' in a place unless your residence there is lawful. However, the regulations make a special adjustment to that for this second bullet point of requirement (b)3 in category 12a. They say that if you are being assessed for the first academic year of your course, and your parent became a 'person granted leave under one of the Ukraine Schemes' after the day on which the first term of the first academic year actually began, you get special treatment. The special treatment means you are treated as though your residence was lawful, even if it was unlawful. The residence can therefore count as 'ordinary residence' for the purpose of this second bullet point.
What date does Ukraine Scheme leave start?
Note that if you were issued with ‘entry clearance’ or a ‘letter from the Home Office confirming you could travel to the UK under the Ukraine Scheme’, then immigration law dictates that your leave did not start (and was not granted) until the date you actually arrived in the UK. In other words, your leave did not start (and was not granted) on the date you were issued with the entry clearance or letter.
Remember to notice that some of the requirements refer to the day on which the first term of the first academic year actually begins, whilst others refer to the first day of the academic year. These two dates are different from each other. The first day of the academic year does not mean the date that you actually start the year, instead it means a standard date set out in regulations (for example, for every person who starts a year on any date that falls between 1 August and 31 December inclusive, the standard date that counts as the ‘first day of the academic year’ is 1 September).
Expiry date for the leave (immigration permission)
The leave (immigration permission) might have an expiry date. If the person makes an application to extend or change their leave before it expires, and that application is not decided before the expiry date, then immigration law dictates that they carry on being treated as a person with that type of leave while they wait for a decision to be made (and if their application is refused, then also while they wait for an appeal or administrative review of the decision). They count as a person with that leave for fee assessment purposes during all of that time.
Becoming eligible
If one of the five types of leave is granted 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.
The requirements for this category will change on 1 August 2024. So look also at category 12a, for information about fees for academic years that start on or after 1 August 2024.
This category was introduced in August 2022. You can use this category for an academic year that starts on or after 1 August 2022, even if you paid 'overseas' fees for an earlier year of the same course.
In order to qualify for 'home' fees under this category, you must meet all of the following criteria:
(a) on the first day of the academic year you are paying fees for, you must be a person with any one of these five types of leave:
1. leave to remain granted under the immigration rules for the Ukraine Extension Scheme
2. leave to enter or leave to remain granted under the immigration rules for the Ukraine Family Scheme
3. leave to enter or leave to remain granted under the Ukraine Family Scheme, but outside the immigration rules. If you have this third type of leave, these two bullet points must also both be true:
• you were residing in Ukraine immediately before 1 January 2022; and
• you left Ukraine in connection with the Russian invasion
4. leave to enter or leave to remain granted under the immigration rules for the Homes for Ukraine Sponsorship Scheme
5. leave to enter or leave to remain granted under the Homes for Ukraine Sponsorship Scheme, but outside the immigration rules. If you have this fifth type of leave, these two bullet points must also both be true:
• you were residing in Ukraine immediately before 1 January 2022; and
• you left Ukraine in connection with the Russian invasion
Remember that the first day of the academic year does not mean the date that you actually start the year, instead it means a standard date set out in regulations (for example, for every person who starts a year on any date that falls between 1 August and 31 December inclusive, the standard date that counts as the ‘first day of the academic year’ is 1 September).
There is a section further down the page titled 'What date does Ukraine Scheme leave start?', which explains when the leave counts as starting.
and
(b) you must have been ordinarily resident in the UK and Islands since you were granted such leave;
There is a section further down the page titled 'What date does Ukraine Scheme leave start?', which explains when leave is granted.
and
(c) you must be ordinarily resident in the UK on the first day of the first academic year of the course.
Remember that the first day of the academic year does not mean the date that you actually start the year, instead it means a standard date set out in regulations (for example, for every person who starts a year on any date that falls between 1 August and 31 December inclusive, the standard date that counts as the ‘first day of the academic year’ is 1 September).
What date does Ukraine Scheme leave start?
Note that if you were issued with ‘entry clearance’ or a ‘letter from the Home Office confirming you could travel to the UK under the Ukraine Scheme’, then immigration law dictates that your leave did not start (and was not granted) until the date you actually arrived in the UK. In other words, your leave did not start (and was not granted) on the date you were issued with the entry clearance or letter.
Remember that the first day of the academic year does not mean the date that you actually start the year, instead it means a standard date set out in regulations (for example, for every person who starts a year on any date that falls between 1 August and 31 December inclusive, the standard date that counts as the ‘first day of the academic year’ is 1 September).
Expiry date for your leave (immigration permission)
The leave (immigration permission) might have an expiry date. If the person makes an application to extend or change their leave before it expires, and that application is not decided before the expiry date, then immigration law dictates that they carry on being treated as a person with that type of leave while they wait for a decision to be made (and if their application is refused, then also while they wait for an appeal or administrative review of the decision). They count as a person with that leave for fee assessment purposes during all of that time.
Extra options if you started your course before 1 August 2021:
If you started your course before 1 August 2021, you have more options available to you. All the categories described below (at letters A to I) are open to you, as well as the categories described in the pdf guide, and some of the categories described earlier on this web page (numbered 1,4,6,7,9 and 12).
So if you started your course before 1 August 2021, you have potential to use any of the following categories (if you meet every requirement listed for the particular category):
- the categories described below (at letters A to I)
- the categories described in the pdf guide
- the categories described earlier on this web page (numbered 1,4,6,7,9 and 12).
You have to meet every requirement that is listed for the category you want to use. If there is a requirement listed that says you must start your course after a particular date, check if you meet it.
If you started your course before 1 August 2021:
In order to qualify for 'home' fees under this category, you must have met all of the following criteria:
(a) you must have been settled in the UK on the first day of the first academic year of the course; and
(b) you must have been 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. For example, if your course began in October 2020, you must have been ordinarily resident in the UK and Islands from 1 September 2017 to 31 August 2020; 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 was not necessary to have had settled immigration status in the UK for the full three years.
Extra note: If you meet all the criteria but the reason you moved to Northern Ireland from England, Wales, Scotland, the Channel Islands or the Isle of Man was to undertake a course, then you will be charged a higher rate of ‘home’ fee than a Northern Ireland student (for example it might be £9,250 instead of £4,750 for an undergraduate course).
British Overseas Territories Citizens (BOTCs)
Many British Overseas Territories Citizens (BOTCs) are also British Citizens. If this is your situation, but you were not 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, check Category C. Category C required three years’ ordinary residence in a wider residence area which included the British Overseas Territories.
Students from the Channel Islands and the Isle of Man
If you moved to the UK for your course of study (or a course of study you finished immediately before it), you were treated as being ordinarily resident in the Islands and as not ordinarily resident in the UK. You were therefore unable to meet (b) above. If you are in this position, check with your institution about what fee rate they will charge you (they might have a special 'Islands' rate).
If you started your course on or after 1 August 2021:
This category has been replaced. Do not read the information about this category given above. Instead read the pdf guide (the link is towards the top of this page) for information about the new categories that replace this one.
This category covers people who are British Citizens, or otherwise settled, and who move from the UK to the EEA/Switzerland, then return to the UK.
If you started your course before 1 August 2021:
Special note: For academic years that start on or after 1 August 2021, you are only allowed to use this category if you previously qualified under one of the following categories for the same course (or for a course you have transferred from):
- 'Settled' in the UK and have exercised a 'right of residence'
- EU nationals (or British Citizens), and family
- EU nationals in the UK
- EEA/Swiss workers, and family
- Child of a former EEA migrant worker
- Child of a Swiss national
- Child of a Turkish worker
This is because of regulation 5(1A)(b) of the Student Fees (Qualifying Courses and Persons) Regulations (Northern Ireland) 2007.
First, check you are not ruled out by the 'Special note' above. If you are not ruled out by the 'Special note' above, and you started your course before 1 August 2021, then 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 left the UK and exercised a right of residence before 11pm on 31 December 2020, having already been settled in the UK;
Note: The meaning of having "exercised a right of residence" is very limited. It only covers two groups:
- First, British Citizens and their family members who went to the EEA and/or Switzerland exercising European rights of free movement as workers or self-employed people, or as students or self-sufficient people.
- Second, people with the European right of permanent residence in the UK, who either went elsewhere in the EEA and/or Switzerland exercising European rights of free movement as workers or self-employed people, or as students or self-sufficient people or went to the state in the EEA/Switzerland of which they or their family member was 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 UK and/or Switzerland and/or the overseas territories and/or Gibraltar 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 the EEA/Switzerland/UK/Gibraltar immediately before that three-year period.
Extra note: If you meet all the criteria but the reason you moved to Northern Ireland from England, Wales, Scotland, the Channel Islands or the Isle of Man was to undertake a course, then you will be charged a higher rate of ‘home’ fee than a Northern Ireland student (for example it might be £9,250 instead of £4,750 for an undergraduate course).
If you started your course on or after 1 August 2021:
This category has been replaced. Do not read the information about this category given above. Instead read the pdf guide (the link is towards the top of this page) for information about the new categories.
If you started your course before 1 August 2021:
Special note: For academic years that start on or after 1 August 2021, you are only allowed to use this category if you previously qualified under one of the following categories for the same course (or for a course you have transferred from):
- EU nationals (or British Citizens), and family
- 'Settled' in the UK and have exercised a 'right of residence'
- EU nationals in the UK
- EEA/Swiss workers, and family
- Child of a former EEA migrant worker
- Child of a Swiss national
- Child of a Turkish worker
This is because of regulation 5(1A)(b) of the Student Fees (Qualifying Courses and Persons) Regulations (Northern Ireland) 2007.
This means that although British Citizens and their family members are mentioned in this category now, it is unlikely they will be able to use it in reality. They will need to have previously qualified under one of the categories mentioned above for the same course (or for a course they have transferred from), to be able to use this category. Before 1 August 2021, they were specifically excluded from using this particular category. Check through all the categories on this page, or in the pdf guide (the link to the pdf guide is towards the top of this page) to see if there is another category they qualify for.
First, check you are not ruled out by the 'Special note' above. If you are not ruled out by the 'Special note' above, and you started your course before 1 August 2021, then 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:
- an EU national; or
- a British Citizen (but read the special note at the start of the category carefully); or
- the relevant family member of an EU national, and that EU national is in the UK as a self-sufficient person, student, or worker; or
- the relevant family member of a British Citizen (but read the special note at the start of the category carefully);
and
(b) you must undertake the course in Northern Ireland; and
(c) you must have been ordinarily resident in the EEA and/or UK and/or Switzerland and/or the overseas territories and/or Gibraltar for the three years before the first day of the first academic year of the course (if you do not meet this requirement, see the Special Provision below); and
(d) the main purpose of your residence in the EEA/UK/Switzerland/overseas territories/Gibraltar residence area must not have been to receive full-time education during any part of the three-year period (if you do not meet this requirement, see the Special Provision below).
Special Provision about the residence requirement
You do not have to meet the Category C (c) or (d) criteria (above) if your course started on/after 1 September 2013 and:
1. you are the relevant family member of a:
- EU national, and that EU national is in the UK as a self sufficient person, student, or worker; or
- British Citizen, and that British Citizen has exercised a right of residence under EU law in an EU member state for more than three months as a self-sufficient person, student, worker, or a family member accompanying one of these types of people;
and
2. your relevant family member has been ordinarily resident in the EEA and/or UK and/or Switzerland and/or the overseas territories and/or Gibraltar for the three years before the 'first day of the first academic year of the course' that you are studying.
Extra note: If you meet all the criteria but the reason you moved to Northern Ireland from England, Wales, Scotland, the Channel Islands or the Isle of Man was to undertake a course, then you will be charged a higher rate of ‘home’ fee than a Northern Ireland student (for example it might be £9,250 instead of £4,750 for an undergraduate course).
If you started your course on or after 1 August 2021:
This category has been replaced. Do not read the information about this category given above. Instead read the pdf guide (the link is towards the top of this page) for information about the new categories.
If you started your course before 1 August 2021:
Special note: For academic years that start on or after 1 August 2021, you are only allowed to use this category if you previously qualified under one of the following categories for the same course (or for a course you have transferred from):
- EU nationals in the UK
- 'Settled' in the UK and have exercised a 'right of residence'
- EU nationals (or British Citizens), and family
- EEA/Swiss workers, and family
- Child of a former EEA migrant worker
- Child of a Swiss national
- Child of a Turkish worker
This is because of regulation 5(1A)(b) of the Student Fees (Qualifying Courses and Persons) Regulations (Northern Ireland) 2007.
First, check you are not ruled out by the 'Special note' above. If you are not ruled out by the 'Special note' above, and you started your course before 1 August 2021, then in order to qualify for 'home' fees under this category, you must meet all of the following criteria:
(a) you were an EU national on the first day of the first academic year of the course. For this category, being a British Citizen doesn't count; 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 for the three-year period, the main purpose for you residing in the UK and Islands was to receive full-time education, you must have been ordinarily resident in the EEA and/or UK and/or Switzerland and/or the overseas territories and/or Gibraltar immediately prior to the three-year period of ordinary residence in the UK and Islands.
Extra note: If you meet all the criteria but the reason you moved to Northern Ireland from England, Wales, Scotland, the Channel Islands or the Isle of Man was to undertake a course, then you will be charged a higher rate of ‘home’ fee than a Northern Ireland student (for example it might be £9,250 instead of £4,750 for an undergraduate course).
If you started your course on or after 1 August 2021:
This category has been replaced. Do not read the information about this category given above. Instead read the pdf guide (the link is towards the top of this page) for information about the new categories.
Special note: This category was removed and replaced on 1 August 2021 (even for people who were already on courses). If you started a course before 1 August 2021 and qualified for 'home' fees on the basis of this category then you can read about the replacement category you will be tested against for later years of your course in the pdf guide (the link to the pdf guide is towards the top of this page) - the category is the one titled '3 years in UK and Islands, EUSS settled status connection'.
For academic years that started before 1 August 2021, in order to qualify for 'home' fees under this category, you needed to meet all of the following criteria, (a, b, c and d):
(a) a requirement about the 'right of permanent residence':
If you started your course before 1 January 2021, then the requirement was that you had the right of permanent residence in the UK under EU law (EU Directive 2004/38) on the first day of an academic year of the course.
If you started your course on or after 1 January 2021 but before 1 August 2021, then the requirement was that:
1. You had the right of permanent residence in the UK under EU law (EU Directive 2004/38) at 10.59pm on 31 December 2020; and
2. One of the following was true on the first day of an academic year of the course:
- You had 'settled status' under the EU Settlement Scheme; or
- Your course started before 1 July 2020; or
- Your course started on or after 1 July 2020 and you had made an application under the EU Settlement Scheme which had not yet been decided, or if it had been refused then you were still appealing against that refusal.
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 for the three-year period, the main purpose for you residing in the UK and Islands was to receive full-time education, you must have been ordinarily resident in the EEA and/or UK and/or Switzerland and/or the overseas territories and/or Gibraltar immediately prior to that three-year period.
Extra note: If you meet all the criteria but the reason you moved to Northern Ireland from England, Wales, Scotland, the Channel Islands or the Isle of Man was to undertake a course, then you will be charged a higher rate of ‘home’ fee than a Northern Ireland student (for example it might be £9,250 instead of £4,750 for an undergraduate course).
If you started your course on or after 1 August 2021:
This category has been replaced. Do not read the information about this category given above. Instead read the pdf guide (the link is towards the top of this page) for information about the new category that replaces this one (it is the one titled '3 years in UK and Islands, EUSS settled status connection').
If you started your course before 1 January 2021:
Special note: For academic years that start on or after 1 August 2021, you are only allowed to use this category if you previously qualified under one of the following categories for the same course (or for a course you have transferred from):
- EEA/Swiss workers, and family
- 'Settled' in the UK and have exercised a 'right of residence'
- EU nationals (or British Citizens), and family
- EU nationals in the UK
- Child of a former EEA migrant worker
- Child of a Swiss national
- Child of a Turkish worker
This is because of regulation 5(1A)(b) of the Student Fees (Qualifying Courses and Persons) Regulations (Northern Ireland) 2007.
First, check you are not ruled out by the 'Special note' above. If you are not ruled out by the 'Special note' above, and you started your course before 1 August 2021, then 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:
and
(b) you must have been 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 UK and/or Switzerland and/or the overseas territories and/or Gibraltar for the three years before the first day of the first academic year of the course.
Note:
- If you fail to meet requirement (c), and you are the family member of an EU national (that is, excluding nationals of Norway, Iceland, Liechtenstein, and Switzerland), see category C (above) for a 'special provision' which allows an EU national to meet the residence requirement on behalf of their student family member.
If you started your course on or after 1 January 2021 but before 1 August 2021:
If you started your course on or after 1 January 2021 but before 1 August 2021, then it seems likely the criteria you need to meet in order to qualify for 'home' fees under this category remain the same, although the regulations are not clear on this yet. We will update this information when the regulations are clear.
If you started your course on or after 1 August 2021:
This category has been replaced. Do not read the information about this category given above. Instead read the pdf guide (the link is towards the top of this page) for information about the new categories.
If you started your course before 1 August 2021:
Special note: For academic years that start on or after 1 August 2021, you are only allowed to use this category if you previously qualified under one of the following categories for the same course (or for a course you have transferred from):
- Child of a Swiss national
- 'Settled' in the UK and have exercised a 'right of residence'
- EU nationals (or British Citizens), and family
- EU nationals in the UK
- EEA/Swiss workers, and family
- Child of a former EEA migrant worker
- Child of a Turkish worker
This is because of regulation 5(1A)(b) of the Student Fees (Qualifying Courses and Persons) Regulations (Northern Ireland) 2007.
First, check you are not ruled out by the 'Special note' above. If you are not ruled out by the 'Special note' above, and you started your course before 1 August 2021, then 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, and your Swiss parent must be doing something in the UK that would have counted as "exercising a right of residence in the UK under European law" if Brexit had not happened (for example, they are a self-sufficient person, a worker, or a student in the UK); 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 UK and/or Switzerland and/or the overseas territories and/or Gibraltar for the three years before the first day of the first academic year of the course; and
(d) if for the three-year period, the main purpose for you residing in the large area described in (c) was to receive full-time education, you must have been ordinarily resident in the EEA/Switzerland/UK/Gibraltar immediately before that three-year period.
If you started your course on or after 1 August 2021:
This category has been replaced. Do not read the information about this category given above. Instead read the pdf guide (the link is towards the top of this page) for information about the new categories.
If you started your course before 1 August 2021:
Special note: For academic years that start on or after 1 August 2021, you are only allowed to use this category if you previously qualified under one of the following categories for the same course (or for a course you have transferred from):
- Child of a Turkish worker
- 'Settled' in the UK and have exercised a 'right of residence'
- EU nationals (or British Citizens), and family
- EU nationals in the UK
- EEA/Swiss workers, and family
- Child of a former EEA migrant worker
- Child of a Swiss national
This is because of regulation 5(1A)(b) of the Student Fees (Qualifying Courses and Persons) Regulations (Northern Ireland) 2007.
First, check you are not ruled out by the 'Special note' above. If you are not ruled out by the 'Special note' above, and you started your course before 1 August 2021, then 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 Turkish national; and
(b) on the first day of that academic year of your course, your Turkish national parent must:
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 UK and/or Switzerland and/or Turkey and/or the overseas territories and/or Gibraltar for the three years before the first day of the first academic year of the course.
If you started your course on or after 1 August 2021:
This category has been replaced. Do not read the information about this category given above. Instead read the pdf guide (the link is towards the top of this page) for information about the new category for 'Brexit protected rights: Child of a Turkish worker'.
