A new eligible category for those with 'long residence' has been introduced into the English regulations for Student Support and fee status.
The regulations, Statutory Instrument 2016 No.584 The Education (Student Fees, Awards and Support) (Amendment) Regulations 2016), come into force on 6 June 2016 and apply to any 'academic year' starting on or after 1 August 2016. They effectively replace the interim policy put in place on 16 September 2015.
The text of the provision is the same for both sets of fees regulations and the Student Support regulations
[paragraph 12 or 13 of the relevant schedule as appropriate] and is as follows:
(1) A person who on the first day of the first academic year of the course -
(a) is either-
(i) under the age of 18 and has lived in the United Kingdom 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, has lived in the United Kingdom throughout either -
(aa) half their life; or
(bb) a period of twenty-years;
(b) is ordinarily resident in England;
(c) has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course; and
(d) subject to sub-paragraph (2), whose residence in the United Kingdom and Islands has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education."
The reference in paragraph (d) to sub-paragraph (2) effectively removes the "[not] wholly or mainly for the purpose of receiving full-time education" requirement [also known as the 'main purpose rule'] from students who are treated as being ordinarily resident in the UK & Islands due to either them or their relevant family member being, or having been, temporarily employed outside the UK & Islands.
For further details on the meaning of 'academic year', 'the Islands' and discussion of the interpretation of 'ordinary residence', 'temporarily employed', who is a relevant family member and the 'main purpose rule', please see our advice and information items in the English fees and Student Support areas of our website.
Points to note:
- there is no upper age limit - under the interim policy there was an upper limit of 25 years old
- the 'long residence' category provides for continuing students as well as new students for any academic year starting on or after 1 August 2016 as long as the student meets all the above qualifying conditions on the 'first day of the first academic year' of their course
- there is a requirement to be, or to have been, ordinarily resident in England on the 'first day of the first academic year of the course' - so, for example, a continuing student who started their course in England in October 2015, but who had been ordinarily resident in Scotland, Wales or Northern Ireland up until moving to England after 1 September 2015 would not be eligible under this provision (unless they were temporarily absent from England or were to be 'treated as' ordinarily resident in England due to them, or their relevant family member, being 'temporarily employed' outside England)