England: Two new categories for fees and Student Support

07 February 2020

What's happening? 

The Department for Education (DfE) in England has laid new amendment regulations which add two new categories of eligible person to:

  • the fees regulations for England’s HE courses; and
  • the Student Finance regulations for those applying to Student Finance England.

The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 come into force on 13 February 2020. However, the two new categories will only benefit a student whose course begins on or after 1 August 2020.

To reflect these two new categories, we will be updating our England: fee status web info and the UKCISA Manual for members.

What will the changes look like? 

Person granted indefinite leave as a victim of domestic violence or abuse

The first of the two new categories is for those granted indefinite leave as a victim of domestic violence or domestic abuse. The regulations will say that the following person is eligible:

(a) [a person who has been] granted indefinite leave to remain in the United Kingdom under any of the following provisions of the immigration rules, as defined in section 33(1) of the Immigration Act 1971(4)

(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) who has been ordinarily resident in the United Kingdom and the Islands (Channel Islands and Isle of Man) since the person was granted such leave; and

(c) who is ordinarily resident in the United Kingdom (for fees, and for further education loans) or England (for Student Support, but not including further education loans) on the first day of the first academic year of the course.

Significantly, there is no requirement for three years’ ordinary residence leading up to the first day of the first academic year of the course.

DfE have made no provision for family members to be eligible.

Persons granted Calais leave to remain

The second of the two new categories is for persons granted Calais leave. A person granted Calais leave will be defined as follows:

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

Such a person will have to have been ordinarily resident in the United Kingdom and the Islands since they were first granted such leave.

The fees regulations will require that, to be eligible for ‘home’ fees, such a person must:

  • be ordinarily resident in the United Kingdom on the first day of the first academic year of the course; and
  • have been ordinarily resident in the United Kingdom and the Islands throughout the three-year period preceding the first day of the first academic year of the course.

The Student Finance regulations will require that, to be eligible for student support, such a person must:

  • be ordinarily resident in England on the first day of the first academic year of the course. However, the further education loans regulations will allow residence in the wider United Kingdom on this day; and
  • have been ordinarily resident in the United Kingdom and the Islands throughout the three-year period preceding the first day of the first academic year of the course.

DfE have made no provision for other family members to be eligible.


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