England: FE fee status

In order to be eligible for funding, you must either be an EU or EEA national with one of the following types of status:

• You have obtained pre-settled status; or
• You have obtained settled status

If you are an EU or EEA national and you were resident in the UK prior to 1 January 2021, and any of the following circumstances apply, your rights in the UK are protected by law:

• You submitted an application to the EU Settlement Scheme by the deadline of 30 June 2021, but this application remains pending;
• You submitted an application to the EU Settlement Scheme by the deadline of 30 June 2021 but this was refused. In response, you have submitted an in-time appeal or administrative review which remains pending.

In addition, your rights will also be protected if you are an EU or EEA national resident in the UK prior to 1 January 2021, and you fall into any of the following groups:

• Although you failed to submit an application to the EU Settlement Scheme by the deadline of 30 June 2021, you have now made a late application which has been accepted, and which remains pending;
• You made a late application in-line with the above group, and this application was refused. You have now submitted an in-time appeal or administrative review which remains pending.

If you fall into any of the above four groups, you can evidence your right to study in the UK by the production of a Certificate of Application to show your education provider.

Although these four groups are not mentioned in the guidance, the first two groups are protected by the law, and the protection of the last two groups were referenced in a Home Office announcement. You may also wish to contact the DfE to confirm your eligibility if you fall into any of these four groups.

Family members of EEA and Swiss workers also qualify in this category if the following criteria are met:

• You are the family member (this refers to the spouse/civil partner of the EEA/Swiss Worker, or the direct descendant/child of the EEA/Swiss Worker or the direct descendant/child of the EEA/Swiss Worker’s spouse/civil partner and you are aged 16-18) of an EEA or Swiss worker;
• The EEA or Swiss worker was resident in the UK prior to 1 January 2021;
• The EEA or Swiss worker has settled status in the UK 

Irish citizens

Note: The ESFA guidance states:

“All Irish citizens continue to be automatically eligible for funding under immigration concessions agreed with the Irish Government before the UK was a member of the EU”

Although the Republic of Ireland remains a part of the EU, if you are an Irish citizen you remain automatically eligible for funding despite the UK’s exit from the EU and the new arrangements in place for EU and EEA nationals.

For further information on this, please refer to the DfE funding regulations guidance. 

You have the Right of Abode in the UK, eg:

• you possess a Certificate of Entitlement to the Right of Abode; or
• you are a British Citizen (including those with a certificate of naturalisation or registration as a British citizen); or
• you are an Irish national; or
• you are an EU or EEA national with settled status; or
• you are the family member (this refers to the spouse/civil partner of the EEA/Swiss Worker, or the direct descendant/child of the EEA/Swiss Worker or the direct descendant/child of the EEA/Swiss Worker’s spouse/civil partner and you are aged 16-18) of an EEA or Swiss worker who was resident in the UK prior to 1 January 2021, and has settled status.

There is eligibility for you if you are:

• an asylum seeker; or
• in receipt of ‘section 4’ financial support; or
• in the care of a local authority’s social services department.

You are the child of a Turkish worker and the Turkish worker has been lawfully employed and resident in the UK prior to 1 January 2021.

Note: The ESFA guidance states:

“Students who are.….children of Turkish workers who are living in the UK and have started their programme before 31 December 2020 must be treated equally to UK residents. Once enrolled they will be eligible for funding for the full duration of their study programme.”

If the Turkish worker was not lawfully employed and resident in the UK prior to 1 January 2021, you will not be eligible to fall into this category. Please refer to the other categories in the Further Education for 16-18s section to see if you can qualify into another category.

Although those who qualify under either the Afghan or Ukrainian schemes are not specifically referred to in the guidance, slide 46 of the Student eligibility and funding advice covering academic year 2024 to 2025 (MS PowerPoint presentation) which accompanies the guidance, confirms such individuals will be eligible for funding.

The presentation confirms that if you qualify in either category, you will need to provide documentary evidence confirming your legal right of residence in the UK.

We will monitor whether or not this provision is carried over into the 2025/26 academic year, and will update this information accordingly.

In order to be eligible for funding, you must meet all of the following criteria:  

• You are a EEA or Swiss Frontier worker; or
• You are the family member of an EEA or Swiss Frontier worker (principal).

In order to be eligible for funding, neither you or your family member are required to be ordinarily resident in the UK on the first day of learning.

"Family member" has not been defined in this category in the funding rules. If you are unsure whether or not you would qualify as a family member in this category, please contact the DfE.  

You will be eligible if you are an asylum seeker and you:

• have lived in the UK for six months or longer while your claim is being considered by the Home Office, and you are still waiting for a decision; or
• are in the care of a local authority and receiving support under section 23C or section 23CA of the Children Act 1989 or the Care Act 2014.

Additionally, you will be eligible if your asylum application has been refused and you:

• have appealed against the refusal to grant you refugee status and you have been waiting for longer than six months for a decision; or
• have been granted support under section 4 of the Immigration and Asylum Act 1999 ("Section 4 support"); or
• are in the care of the local authority and are receiving local authority support under section 23C or section 23CA of the Children Act 1989.

If you are studying an Apprenticeship course, see the provisions for Apprenticeship courses.

You will be eligible if you are a member of the British armed forces, Ministry of Defence personnel or a civil and crown servant and you:

• are resident in England; and
• the learning takes place in England.

Members of other nations' armed forces and their family members will be eligible if you:

• are stationed in England;
• the armed forces individual (principal) is ordinarily resident in England on the first day of learning;
• you are aged 19 years' and over.

The DfE will not fund family members that remain outside of England.

For details of who qualifies as a family member under this category, please contact the DfE.

In order to be eligible for funding you must meet the following criteria:

• Be a UK citizen; or
• The family member of a UK citizen; or
• Have the right of abode in the UK. The right of abode means that you do not have any restrictions on your right to remain in the UK. This includes those with a Certificate of Entitlement to the Right of Abode; and
• You have been ordinarily resident in the UK and Islands, or the British Overseas Territories, for at least the previous three years on the first day of the apprenticeship.

We previously queried with the DfE (formerly ESFA) which "family members" were included here, and if the family members of those with a right of abode also qualified. We are yet to hear a response on this, but will update this information if we do subsequently receive a response. Family members must meet the ordinary residence requirements in their own right.

In order to be eligible for funding, you must meet all of the following criteria: 

• You are a UK national; or
•  You are the family member of a UK national. You are a family member if you fall into one of the following categories: 
  • Spouse/civil partner of the UK national;
  • Direct descendant of the UK national (child/grandchild) or of the UK national’s spouse or civil partner (to be a direct descendant you must be either under the age of 21, or over the age of 21 and dependent on the UK national or their spouse/civil partner); and 
• You must have been resident in the EEA, Switzerland, EU Overseas Territories, or Gibraltar by 31st December 2020; or
•  Resident in the UK by 31st December 2020. If you are relying on being resident in the UK by 31st December 2020, your residence in the UK must have been preceded by a period of living in the EEA, Switzerland, EU Overseas Territories or Gibraltar. Your move to the UK must also have taken place after 31st December 2017; and 
• You have been ordinarily resident in the EEA, Switzerland, EU Overseas Territories, Gibraltar or the UK, for at least the past three years before the start of your apprenticeship; and  
• You must have remained ordinarily resident in the UK, Gibraltar, the EEA, Switzerland or the EU Overseas Territories between 31st December 2020 and the start of the apprenticeship; and 
• The apprenticeship must start before 1 January 2028. 

In order to be eligible for funding, you must meet all of the following criteria: 

• You are an Irish citizen in the UK or the Republic of Ireland; and
•  You have been ordinarily resident in the UK and Islands, and/or the Republic of Ireland for at least the previous three years on the first day of the apprenticeship.  

In order to be eligible for funding, you must meet all of the following criteria: 

• You are an Irish citizen; and
• You must have been resident in the EEA or Switzerland by 31st December 2020; or
• Resident in the UK by 31st December 2020. If you are relying on being resident in the UK by 31st December 2020, your residence in the UK must have been preceded by a period of living in the EEA or Switzerland. Your move to the UK must also have taken place after 31st December 2017; and
• You have been ordinarily resident in the EEA, Switzerland, Gibraltar or the UK, for at least the past three years before the start of your apprenticeship; and
• You must have remained ordinarily resident in the UK, Gibraltar, the EEA or Switzerland between 31st December 2020 and the start of the apprenticeship; and
•  The apprenticeship must start before 1 January 2028. 

In order to be eligible for funding, you must meet all of the following criteria: 

• You are the family member of an eligible person of Northern Ireland (principal). You are a family member if you fall into one of the following categories: 
  • Spouse/civil partner of the principal; or
  •  Direct descendant (child/grandchild) of the principal, or of the principal’s spouse or civil partner (to be a direct descendant you must be either under the age of 21, or over the age of 21 and dependent on the principal or the principal’s spouse/civil partner); or
  •  The dependent direct ascendant (parent/grandparent) of the principal, or of the principal’s spouse or civil partner; and 
• You have been living in the UK by 31st December 2020; and
•  You have obtained pre-settled or settled status under the EU Settlement Scheme; and
•  The principal has been ordinarily resident in the UK by 31st December 2020, for at least the previous three years on the first day of your apprenticeship.

In order to be eligible for funding, you must meet all of the following criteria: 

• You are the family member of an EEA or Swiss national;
• You have applied to the EU Settlement Scheme after 30 June 2021 and intend to join the principal in the UK after 1 April 2021;
• You have been ordinarily resident in the UK, Gibraltar, EEA, and/or Switzerland for at least the previous three years on the first day of your apprenticeship. 

Joining family members have a period of 3 months from the date that they arrive in the UK to apply for permission under the EU Settlement Scheme (EUSS).

For the 2025/26 academic year, the provisions around "temporary protection" in this three month period, and the eligibility to claim funding in this three month period have been removed from the funding rules. The ability to claim funding whilst any EUSS application remains pending, or pending the outcome of any appeal have also been removed from the funding rules. We are currently querying this with the DfE.

The Apprenticeship Funding rules do not specify which family members qualify in this category. We are currently querying this with the DfE for the purpose of clarity. 

You are someone who has Indefinite Leave to Enter/Remain in the UK as a victim of domestic abuse or as a bereaved partner. You must also have been ordinarily resident in the UK since you were granted this leave.

There is no requirement for you to meet the three-year ordinary residence requirement test in this category.

Although the previous Guidance used to cater for family members, this no longer appears to be the case with the current Guidance. We are currently querying with the ESFA what the provisions are for family members and others who have obtained Indefinite Leave to Enter or Remain in any other circumstance.

You are someone who has been granted leave under section 67 of the Immigration Act 2016. This is also known as leave under the ‘Dubs’ amendment.

There is no requirement for you to meet the three-year ordinary residence requirement test in this category.

Dependent children may also be eligible for funding if they are granted leave ‘in-line’ with the main applicant. Dependent children will also be exempt from meeting the three-year ordinary residence requirement test.

You have been granted Calais leave.

There is no requirement for you to meet the three-year ordinary residence requirement test in this category.

Dependent children may also be eligible for funding if they are granted leave ‘in-line’ with the main applicant. Dependent children will also be exempt from the three-year ordinary residence requirement test.

You are someone who has been granted permission under the Afghan Relocations and Assistance policy (ARAP), or the Afghan Citizens Resettlement Scheme (ACRS).

There is no requirement for you to meet the three-year ordinary residence requirement test in this category.

Although this category used to contain a provision for family members to also qualify, this no longer appears to be the case from the current guidance. We are currently querying this with the ESFA.

You have immigration permission under one of the following UK immigration schemes for Ukrainian nationals: 

• Ukraine Family Scheme; or
• Ukraine Sponsorship Scheme (‘Homes for Ukraine’); or
• Ukraine Extension Scheme; or
• Ukraine Permission Extension Scheme. 

If eligible in this category, you do not need to meet any three-year ordinary residence requirement.

Although this category used to previously cater for family members, this no longer appears to be the case currently. We are currently querying this with the ESFA. 

In order to be eligible for funding, you must meet either of the following requirements: 

• You were evacuated from Afghanistan under Operation Pitting; or
• You were evacuated from Afghanistan by the UK Government before 6 January 2022.

If eligible in this category, you do not need to meet any three-year ordinary residence requirement.

In order to be eligible for funding, you must meet all of the following criteria:

• You are a non-UK national and;
• You have been granted permission by the UK Government to live in the UK (which cannot be for educational purposes only); and
• You have been ordinarily resident in the UK and Islands for at least the previous three years on the first day of your apprenticeship; and
• Your ordinary residence in the UK and Islands must not have been wholly or mainly for the purpose of receiving full-time education during any time during this three-year period.

In order to be eligible for funding, you must meet all of the following criteria:

• You are the child of a Turkish worker; and
• The Turkish worker was ordinarily resident in the UK on or before 31 December 2020; and
• The Turkish worker has Turkish European Community Association Agreement (ECAA) rights/extended ECAA permission; and
• You have been ordinarily resident in the EEA and/or Turkey for at least the previous three years on the first day of the apprenticeship; and
• You were ordinarily resident in the UK on or before 31 December 2020.

If you are aged 16-18 years you are eligible as a ‘home’ student if you come within one, or more, of one of the categories above or, additionally, if you are:

• "accompanying or joining parents who have the Right of Abode, Leave to Enter or Leave to Remain in the UK"; or
• the child of a diplomat; or
• the child of a teacher "coming to the UK on a teacher-exchange scheme"; or
• entering the UK (where not accompanied by your parents) and are a British citizen; or
• you have a passport that has been endorsed to either show that you have the Right of Abode in the UK or to show that you have no restrictions on working in the UK; or
• "an asylum seeker, or are placed in the care of a local authority".

The Afghan Schemes refer to either the Afghan Relocations and Assistance Policy, or the Afghanistan Locally Employed Staff Ex-Gratia Scheme.

 The Ukrainian Schemes refer to either of the following:

• the Ukraine Family Scheme
• the Homes for Ukraine Sponsorship Scheme; or
• the Ukraine Extension Scheme.

Although you live in a devolved authority area, you are yet to complete your learning by 31 July of a given academic year, and you started your learning before your authority's devolution date.

The ten Mayoral Combined Authorities together with the Greater London Authority.

Someone who is employed or self-employed in the UK, but resides in the EEA or Switzerland. You must return to your residence in the EEA or Switzerland at least once a week.

The EEA is a larger area than the EU. It is made up of all the countries in the EU plus:

• Iceland
• Liechtenstein
• Norway

You are ordinarily resident in the relevant residence area (which depends on the category and its qualifying conditions) if you have habitually, normally and lawfully resided in that area from choice. Temporary absences from the residence area should be ignored and therefore would not stop you being ordinarily resident. It has also previously been successfully argued in the UK courts that an individual can be ordinarily resident in more than one place at the same time; individuals wishing to demonstrate this would have to be living a lawful, normal and habitual residence in each of the areas in question.

If you can demonstrate that you have not been ordinarily resident in the relevant residence area only because you, or a family member, were temporarily working outside the relevant residence area, you will be treated as though you have been ordinarily resident there.

Where a category includes a condition that the main purpose of your residence must not have been to receive full-time education, a useful question to ask is: "if you had not been in full-time education, where would you have been ordinarily resident?". If the answer to this question is "outside the relevant residence area" this would indicate that the main purpose for your residence was full-time education. If the answer is that you would have been resident in the relevant residence area even if you had not been in full-time education, this would indicate that full-time education was not the main purpose for your residence in the relevant area.

See Ordinary residence case law for how the UK courts have debated issues of ordinary residence.

'Settled' means being both ordinarily resident in the UK and without any immigration restriction on the length of your stay in the UK. The regulations take this definition of 'settled' from immigration law (section 33(2A) of the Immigration Act 1971).

You have no immigration restriction on the length of your stay in the UK if you fall into one of the following groups.

Indefinite Leave to Enter/Remain (ILE/ILR)

If you have Indefinite Leave to Enter (ILE) or Indefinite Leave to Remain (ILR) in the UK, you have no immigration restriction on the length of your stay in the UK.

If you have been given ‘settled status’ under the EU Settlement Scheme, then you have ILE or ILR. That means you have no immigration restriction on the length of your stay in the UK. It is important to note that if you have only been given ‘pre-settled status’ under the EU Settlement Scheme, then you do not have ILE or ILR.

If you have ILE or ILR in Jersey, Guernsey, or the Isle of Man, then this is considered to be ILE or ILR in the UK whenever you are in the UK.

British citizen

If your passport describes you as a ‘British citizen’, you have no immigration restriction on the length of your stay in the UK.

Right of Abode

If you have a Certificate of Entitlement to the Right of Abode in the UK in your passport, you have no immigration restriction on the length of your stay in the UK.

Republic of Ireland citizen

If you are a citizen of the Republic of Ireland, you have no immigration restriction on the length of your stay in the UK. You are also an EU national.

Right of permanent residence in the UK

In England, Wales, and Northern Ireland, people who had the right of permanent residence in the UK under European law were always excluded from using the category for people with 'settled status in the UK' (in both the regulations for fees and the regulations for Student Support).

Non-UK national serving in the British armed forces

If you are a non-UK national serving in the British armed forces, you are treated as having no immigration restriction on the length of your stay in the UK, while you serve in the British armed forces. This is because of section 8(5) of the Immigration Act 1971.

Where status is not ‘settled’

You do not have settled status if you:

• have a time limit on the length of your stay in the UK, as shown by your current immigration permission (you have 'limited leave'); or
• are exempt from immigration control, for example you are living in the UK as a diplomat or a member of their household/family (there is an exception to this if you are a non-UK national serving in the British armed forces [see above]); or
• have a type of British passport that does not give you British citizenship, for example British National (Overseas), and you do not have Indefinite Leave.

The area of residence described as UK and Islands consists of:

• England, Wales, Scotland and Northern Ireland (the United Kingdom, or 'UK'); and
• Channel Islands and Isle of Man (the 'Islands').