Further education, higher education and student support

Much of the following information is taken from the excellent UK Council for International Student Affairs website – under Student Advice select ‘fees’.

Publicly funded educational institutions normally charge two levels of fee: a lower ‘home’ fee and a higher ‘overseas’ fee. Whether you pay a ‘home’ or ‘overseas’ fee depends on whether you meet certain criteria.

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01   What is the difference between ‘home’ and ‘overseas’ fees

‘Home’ and ‘overseas’ fees are the two types of tuition fees charged by UK universities, where ‘Home’ fees are significantly lower and are set at a government-regulated cap, while ‘Overseas’ fees are set by individual universities and are often much higher. A student’s fee status, which determines which rate they pay, is based on a variety of factors including their nationality, immigration status, and residency history in the UK and the three years prior to the course start date.

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02   Important definitions in the guidance

Settled status: You have indefinite leave, British Citizenship, settled status under the EUSS or are a non-British Citizen serving in the British Armed Forces. You (or your partner/parent) must have had settled status before the first day of the first academic year of the course.

Three years residence: 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.

The ‘first day of the academic year’ is a technical term that is defined in the fees and Student Support regulations, which say that if your academic year starts between:

  • 1 August and 31 December inclusive, the first day of the academic year is 1 September
  • 1 January and 31 March inclusive, the first day of the academic year is 1 January
  • 1 April and 30 June inclusive, the first day of the academic year is 1 April
  • 1 July and 31 July inclusive, the first day of the academic year is 1 July

This date is used regardless of when your course term starts or when your lectures commence.

Ordinary Residence: You are ordinarily resident if you have habitually, normally and lawfully resided in the UK. This definition is what prevents many spouses and children from accessing student finance. Even if you have since been granted settled status, any period of overstaying in the three years prior to the start of the course will prevent you from accessing student support.

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03   Further education courses: eligibility for ‘home’ fees status

Further education courses include GCSEs, AS and A levels (and their equivalents), NVQs, GNVQs, BTECs and Access courses.

All information can be found on the UK Council for International Student Affairs website.

If you are aged 16-18, you will qualify for ‘home’ fees if you are the child of someone who has a valid visa to remain in the UK or who is British. There is no residency requirement but you do need to have a valid visa.

If you are aged over 19 and over on 31 August in the funding year in which you start your course you will qualify for ‘home’ fees in England if you are ordinarily resident and have a valid visa.  There are no longer specific requirements for specific groups of people within the funding rules.

If you are on an apprenticeship course you will qualify for ‘home fees’ if you are over 16, have a valid visa and have lived in the UK for three years by the first day of the apprenticeship.

If you reside in a devolved authority area there may be a different set of funding rules. See UKCISA – Further Education for 19 and older for more information.

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04   Higher education courses eligibility for home fees status

Higher education courses include HNC and HND courses, undergraduate degrees (for example, BA, BSc, BEd) and postgraduate degrees (for example, MA, MSc or PhD).

You should qualify for ‘home’ fees at university if you fall into one of the following categories. There are more categories in the UKCISA guide but these are the main ones for spouses and children of soldiers:

  • People who have ‘settled’ status and have been ordinarily resident in the UK for the full three-year period before the first day of the first academic year of the course. See the full guidance.
  • Family members of a ‘settled person’ who was settled before the first day of the first academic year of the course. The applicant has to have been ordinarily resident for the full three-year period before the first day of the first academic year of the course. See the full detail. As serving personnel are considered to be settled it is therefore possible for a spouse without ILR to apply for student support if they have been in the UK for three years. Please note that family members include children, so if you are the parent of a British child you will also qualify under this category if you have three years ordinary residence.
  • People who have EUSS pre-settled or settled status and have been ordinarily resident in the UK for the full three-year period before the first day of the first academic year of the course. See more information.
  • Long residence in the UK (without settled status*) – you can qualify for home fees if on the first day of the first academic year of the course you are
      • Under 18 and have lived in the UK for the past seven years
      • Over 18 and have lived in the UK for either half your life or a period of twenty years.
      • Have three years ordinary residence prior to the start of the course.  Any period of overstaying during the three years will prevent you being eligible
  • Spouses or children with ILR under domestic violence rules – under this category you are not required to have been ordinarily resident for three years. You just have to have been ordinarily resident since you were granted this leave. Furthermore, if you are granted leave on the DV route after the start of the course you will be entitled to ‘home fees’ from the start of the next year of the course. See UKCISA for more information.
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05   Government student support

Student support is the name given to financial support provided by the Government to eligible students in the UK*. It is composed of a loan for tuition fees and a loan for living costs. It is not considered a ‘public fund,’ therefore a student with ‘no recourse to public funds’ would not be in breach of that condition by applying for and receiving student support. See UKCISA – UK student finance, scholarships, and other funding

If you have been assessed as being eligible to pay fees at the ‘home’ rate you should be entitled to student support. You should apply within nine months of the start of the academic year. See GOV.UK: Student finance

If you are refused student support you should contact the AFF F&C team.

*The type and level of financial support available varies between the 4 countries within the UK. If you are posted in Scotland, Wales and Northern Ireland you should contact the AFF F&C team for further information.

Student support for serving soldiers

Following more than two years of campaigning by AFF, Student Finance England has now changed their guidance to reflect the fact that soldiers are considered to be settled during Service. Soldiers in England are therefore able to access student support. Work is apparently ongoing to remove the disadvantage for soldiers serving in the Devolved Administrations.

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06   Overseas assignments

If you have been accompanying your parent/spouse on an overseas assignment, then para 1(5) of Part 1 of Schedule 1 of the Education (Student Support) Regulations 2011 allow for your time to be considered as residence in the UK. See page 20 of SFE Assessing Eligibility Guidance. If you have been refused student finance due to an overseas assignment please get in touch with the AFF F&C team.

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