Higher education (HE) courses include HNC and HND courses, undergraduate degrees (for example, BA, BSc, BEd), and postgraduate degrees (for example, MA, MSc, PhD).
If you are going to start your course on or after 1 August 2021:
If you are going to start your higher education course on or after 1 August 2021, there is a special guide for you, which you should read instead of this page. The only reason you should carry on looking at this page is if you think you will fit one of the following categories, in which case you should open up that category on this page:
- Long residence in the UK (7 years minimum)
- Refugee and family
- Humanitarian protection and family
- Stateless leave and family
- Section 67 leave
- Calais leave
- Domestic violence or domestic abuse
- Bereaved partner
The guide you should read if you are going to start your higher education course on or after 1 August 2021 (and you do not fit one of the categories listed above) is here.
The guide has been produced because big changes are being made to all the categories except the ones listed above.
If you will start your course before 1 August 2021:
If you will start your course before 1 August 2021, you can carry on reading this web page.
The rules about who pays ‘home’ fees for higher education courses in England are set by the Government’s Department for Education (they are not set by UKCISA). They are set out in the following sets of regulations:
The regulations identify all the different ‘categories’ of student who can insist on paying the ‘home’ rate of fee. They set out all the requirements you need to meet, to fit one those categories.
The requirements for each category are explained below. If you meet all the criteria required by any one category, including any residence requirements, your institution must charge you the ‘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).
If you are starting your course before 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 settled in the UK on the first day of the first academic year of the course; and
(b) you must be ordinarily resident in the UK on the first day of the first academic year of the course; and
(c) you must also have been ordinarily resident in the UK and Islands for the full three year period before the first day of the first academic year of the course, for example, if your course begins in October 2018 you must have been ordinarily resident in the UK and Islands from 1 September 2015 to 31 August 2018; and
(d) the main purpose for your residence in the UK and Islands must not have been to receive full-time education during any part of that three-year period.
Note: It is not necessary to have had settled immigration status in the UK for the full three years. You only need to show that you have it on, at the latest, the first day of the first academic year of the course.
British Overseas Territories Citizens (BOTCs)
Many British Overseas Territories Citizens (BOTCs) are also British Citizens. If this is your situation, but you have not 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, check Category 3. Category 3 requires three years’ ordinary residence in a wider residence area which includes the British Overseas Territories.
The easiest way to show you are a British Citizen is to have a passport that lists your nationality as 'British Citizen'. If you do not have one, the UK Department for Education indicates in its Assessing eligibility guidance 2020/21 (paragraph 3.1.3) that any of the following will be acceptable instead:
- a British Overseas Territories Citizen passport issued before 21 May 2002; or
- a British Dependent Territories Citizen passport issued before 21 May 2002; or
- a British Overseas Territories Citizen passport issued on or after 21 May 2002, but only if you also provide evidence that you or your parent was born in a British overseas territory, or evidence that you or your parent was registered or naturalised as a citizen (for example, as a British Subject, a Citizen of the UK and Colonies, a British Citizen, a British Dependent Territories Citizen, or a British Overseas Territories Citizen) before 21 May 2002.
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 will be treated as being ordinarily resident in the Islands and as not ordinarily resident in the UK. You will therefore be 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).
Note that although the paragraph above applies for any academic years that start before 1 August 2021, it will have no application to academic years that start on or after 1 August 2021, because this provision about students from the 'Islands' is being deleted from the regulations. Talk to your institution about how this will affect you.
If you are starting your course on or after 1 August 2021:
This category is being replaced. Do not read the information about this category given above. Instead read this pdf 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 are starting your course before 1 August 2021:
Special note: Some people change from one qualifying category to another in the middle of their course. After 31 July 2021, you will only be able to change into 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
- 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
If you are starting 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 have 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 go 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 go 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 go to the state in the EEA/Switzerland of which they or their family member is a national.
and
(c) you are ordinarily resident in the UK on the day on which the first term of the first academic year actually begins; and
(d) you have been ordinarily resident in the EEA and/or 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 EEA/Switzerland/UK/Gibraltar immediately before that three-year period.
If you are starting 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 this pdf for information about the new categories.
If you are starting your course before 1 August 2021:
Special note: Some people change from one qualifying category to another in the middle of their course. After 31 July 2021, you will only be able to change into 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
- EEA/Swiss workers, and family
- Child of a former EEA migrant worker
- Child of a Swiss national
- Child of a Turkish worker
- Those who are ‘settled’ in the UK and have exercised a ‘right of residence’ in the EEA/Switzerland
If you are starting 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; 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;
and
(b) 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
(c) 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 3 (b) or (c) criteria (above) if you are studying on a course which started on or after 1 September 2011 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.
British Overseas Territories Citizens (BOTCs)
Many British Overseas Territory Citizens (BOTCs) are also British Citizens. If this is your situation, then as a British Citizen, you will be eligible under this category provided that you meet the residence requirements at (b) and (c) above.
The easiest way to show you are a British Citizen is to have a passport that lists your nationality as 'British Citizen'. If you do not have one, then the UK Department for Education has said in 2020/21 guidance (paragraph 3.1.3) that any of the following will be acceptable instead:
- a British Overseas Territories Citizen passport issued before 21 May 2002; or
- a British Dependent Territories Citizen passport issued before 21 May 2002; or
- a British Overseas Territories Citizen passport issued on or after 21 May 2002, but only if you also provide evidence that you or your parent was born in a British overseas territory, or evidence that you or your parent was registered or naturalised as a citizen (for example, as a British Subject, a Citizen of the UK and Colonies, a British Citizen, a British Dependent Territories Citizen, or a British Overseas Territories Citizen) before 21 May 2002.
If you are starting 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 this pdf for information about the new categories.
If you are starting your course before 1 August 2021:
Special note: Some people change from one qualifying category to another in the middle of their course. After 31 July 2021, you will only be able to change into 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
- EEA/Swiss workers, and family
- Child of a former EEA migrant worker
- Child of a Swiss national
- Child of a Turkish worker
- Those who are ‘settled’ in the UK and have exercised a ‘right of residence’ in the EEA/Switzerland
If you are starting 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 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 are ordinarily resident in the UK on first day of the first academic year of the course; and
(c) you were ordinarily resident in the UK and Islands for the three-year period before the first day of the first academic year of the course; and
(d) if during any part of the three year period, the main purpose for your residence was to receive full-time education, you must have been ordinarily resident in the EEA and/or 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.
If you are starting 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 this pdf about the new categories.
Special note: This category is being removed and replaced on 1 August 2021 (even for people who are already on courses). It means that anyone who starts a course before 1 August 2021 and qualifies for 'home' fees on the basis of this category needs to take action to apply to the EU Settlement Scheme ('EUSS') before the deadline for EUSS applications hits on 30 June 2021. If you do not, your institution will not be obliged to charge you 'home' fees for later years of your course, where those years start on or after 1 August 2021. In other words, your fee status might change from 'home' to 'overseas' part-way through your course, if you do not apply in time to the EU Settlement Scheme. So take action in time. You can read about the replacement category you will be tested against for later years of your course, in this pdf (it is the one titled '3 years in UK and Islands, EUSS settled status connection'). The only exception to this advice is if you are Irish. If you are Irish, there is no need for you to apply to the EU Settlement Scheme, because Irish citizens are treated differently.
In order to qualify for 'home' fees under this category, you must meet all of the following criteria, (a, b, c and d):
(a) a requirement about the 'right of permanent residence':
If you are starting your course before 1 January 2021, then the requirement is that you have 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 are starting your course on or after 1 January 2021 but before 1 August 2021, then the requirement is 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 is true on the first day of an academic year of the course:
- You have 'settled status' under the EU Settlement Scheme; or
- Your course starts before 1 July 2020; or
- Your course starts on or after 1 July 2020 and you have made an application under the EU Settlement Scheme which has not yet been decided, or if it has been refused then you are still appealing against that refusal.
and
(b) you are ordinarily resident in the UK on the first day of the first academic year of the course; and
(c) you were ordinarily resident in the UK and Islands for the three-year period before the first day of the first academic year of the course; and
(d) if any of your ordinary residence in (c) was for the main purpose of receiving full-time education, you must have been ordinarily resident in the EEA and/or UK and/or Switzerland and/or the overseas territories and/or Gibraltar immediately prior to that three-year period.
If you are starting 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 this pdf 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 are starting your course before 1 January 2021:
Special note: Some people change from one qualifying category to another in the middle of their course. After 31 July 2021, you will only be able to change into 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
- EU nationals in the UK
- Child of a former EEA migrant worker
- Child of a Swiss national
- Child of a Turkish worker
- Those who are ‘settled’ in the UK and have exercised a ‘right of residence’ in the EEA/Switzerland
If you are starting your course before 1 January 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 be ordinarily resident in the UK on the first day of the first academic year of the course (unless you are an EEA or Swiss frontier worker or relevant family member of a frontier worker); and
(c) you must have been ordinarily resident in the EEA and/or 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.
Notes:
- 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 3 (above) for a 'special provision' which allows an EU national to meet the residence requirement on behalf of their student family member.
- If you or a relevant family member become an EEA or Swiss migrant worker part-way through your course, you might become entitled to pay 'home' fees. You should seek advice on this from your institution, from your Students' Union, or by telephoning our students' advice line.
If you are starting your course on or after 1 January 2021 but before 1 August 2021:
If you are starting your course on or after 1 January 2021 but before 1 August 2021, then it seems likely the criteria you will need to meet in order to qualify for 'home' fees under this category will remain the same, although the regulations are not clear on this yet. We will update this information when the regulations are clear.
If you are starting 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 this pdf for information about the new categories.
If you are starting your course before 1 August 2021:
Special note: Some people change from one qualifying category to another in the middle of their course. After 31 July 2021, you will only be able to change into 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
- EU nationals in the UK
- EEA/Swiss workers, and family
- Child of a former EEA migrant worker
- Child of a Turkish worker
- Those who are ‘settled’ in the UK and have exercised a ‘right of residence’ in the EEA/Switzerland
If you are starting 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 the main purpose for your residence in (c) above, was wholly or mainly for the purpose of receiving full-time education, you must have been ordinarily resident in the EEA/Switzerland/UK/Gibraltar immediately before that three-year period.
Note: If you become the child of a Swiss national part-way through your course, you might become entitled under this category - you can seek advice on this from an adviser at your institution, your Students' Union or telephone our students' advice line.
If you are starting 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 this pdf for information about the new catgories.
If you are starting your course before 1 August 2021:
Special note: Some people change from one qualifying category to another in the middle of their course. After 31 July 2021, you will only be able to change into 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
- EU nationals in the UK
- EEA/Swiss workers, and family
- Child of a former EEA migrant worker
- Child of a Swiss national
- Those who are ‘settled’ in the UK and have exercised a ‘right of residence’ in the EEA/Switzerland
If you are starting 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 are starting 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 this pdf for information about the new category for 'Brexit protected rights: Child of a Turkish worker'.
In order to qualify for 'home' fees under this category, you must meet all of the following criteria:
(a) you must be ordinarily resident in the UK on the first day of the first academic year of the course; and
(b) on the first day of an academic year of the course, you must be:
- a refugee recognised by the UK Government; or
- the spouse / civil partner of such a refugee and you must have been the spouse or civil partner of that person on the date on which their asylum application was made; or
- the child of such a refugee or of a refugee's spouse or civil partner and at the time the refugee made the asylum application you must have been the under-18-year-old child of the refugee or of the refugee's spouse or civil partner;
and
(c) you have not ceased to be ordinarily resident:
- since you were recognised as a refugee; or
- if you are a spouse / civil partner, or child, of a refugee, since you were given leave to remain in the UK.
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.
In order to qualify for 'home' fees under this category, you must meet all of the following criteria:
(a) you must be ordinarily resident in the UK on the first day of the first academic year of the course; and
(b) on the first day of an academic year of the course, you must be:
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 [but ignore this last bullet point for academic years starting before 1 August 2021]
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 [but ignore this last bullet point for academic years starting before 1 August 2021]
There is no three-year residence test for this category
The Government attempted to introduce one in 2019 but then quickly changed its mind. If your fee assessor tells you that a three-year residence test applies in this category, show them this page and ask them to contact UKCISA for further information.
Becoming eligible
If you are, or if your parent (or your parent's spouse / civil partner) is, or 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.
This category is only for students who are commencing a course on/after 1 August 2018.
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 an academic year of the course, 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 [within the meaning given in section 33(1) of the Immigration Act 1971(c)]; and
- been ordinarily resident in the UK and Islands throughout the period since [having been] granted such leave;
or
2. a person who is the spouse / civil partner of a "person granted stateless leave" and who:
- on the leave application date, was the spouse / civil partner of that person; and
- has not stopped being ordinarily resident in the UK and Islands since being given leave to enter or remain in the UK [but ignore this last bullet point for academic years starting before 1 August 2021]
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 leave application date was under 18 and:
- the child of a "person granted stateless leave" or
- the child of a person who, on the leave application date, was the spouse / civil partner of the "person granted stateless leave"
The child must not have stopped being ordinarily resident in the UK and Islands since being given their leave to enter or remain in the UK [but ignore this last sentence for academic years starting before 1 August 2021]
and
(c) Only if you are being assessed for an academic year starting before 1 August 2021:
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
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 the UK 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) your residence in the UK and Islands must not have been, during any part of the period referred to in paragraph (c), wholly or mainly for the purpose of receiving full-time education [unless you are to be treated as having been ordinarily resident in the UK & Islands due to either you, or a relevant family member, having been temporarily employed outside the UK & Islands].
You can also read our information on applying for Student Support in England (see Category 11). Just for Kids Law published two blogs, giving advice for people who were applying for the 2016/17 academic year.
This category is only for students who are starting a course on/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 an academic year of the course, 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) you must have been ordinarily resident in the UK and Islands throughout the period since being granted your leave.
(d) 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; and
This category is only for students who are starting a course on/after 1 August 2020. See our news item on 7 February 2020.
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 the course, 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.
This category is only for students who are starting a course on/after 1 August 2020. See our news item on 7 February 2020.
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 the course, 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; and
(d) Only if you are being assessed 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.
