Tuition fees for study in Wales
15 November 2012
Update note: This information sheet was updated on 15 November to make an amendment to information in Box 9.
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Who is this information sheet for?
This Information Sheet explains the conditions you need to meet to be entitled to pay tuition fees at the 'home' rate and not the 'overseas' rate for study in Wales. There are separate Information Sheets for the other countries of the UK. See UKCISA's complete list of fees Information Sheets.
You should be aware that the INFORMATION IN THIS SHEET IS LIABLE TO CHANGE AT ANY POINT THROUGHOUT THE YEAR.
Will I pay the 'home' or 'overseas' rate of fee?
Publicly funded educational institutions charge varying levels of fee: the lower 'home' fee and the higher 'overseas' fee.
Private sector institutions often have only one level of tuition fee, which all students must pay.
For courses in publicly funded educational institutions in Wales, some categories of student must be charged the 'home fee' and the various categories of 'home' student are explained below.
The level of fee you will have to pay depends on whether you meet certain criteria. Different criteria can be applied depending on whether you are studying a course at higher education or further education level.
"No recourse to public funds"
If you have "no recourse to public funds" included in your passport stamp, you will not be in breach of your immigration conditions if you have access to education in the UK. "Public funds" are defined in the Immigration Rules, and the benefits and services listed do not include education or any education funding.Is my course higher education or further education?
Higher education courses include HNC and HND courses, undergraduate degrees (for example, BA, BSc, BEd) and postgraduate degrees (for example, MA, MSc or PhD).
Further education courses include GCSEs, AS and 'A' levels (and their equivalents), NVQs, GNVQs, BTECs and Access courses.
If you are not sure whether your course is higher education or further education, ask your place of study.
If your course is higher education, the institution will usually decide your fee status on the basis of the relevant fees regulations.
How much are 'overseas' fees?
'Overseas' fees can range from £3,500 to about £18,000 per year depending on the institution, the level of course and the type of course. The fee will probably increase each year by the level of inflation. You should contact the institutions you have applied to in order to find out what the fees are for your course and whether they can tell you what the fees will be for future years.
Your institution will probably ask you to give them some information about yourself and your family (for example, by completing a form like the one included at the end of this Information Sheet) to help it assess your fee status. It will use the information you give to check if you fit into one of the Categories for 'home' fees. You may be asked to provide documents (for example, passport, official letters) to support the information you give.
Categories for 'home' fees: students who are entitled to 'home' fees
General
If you fit into one of the following categories, an institution must charge you 'home' fees. This is only a brief summary of persons who must be charged at the 'home' fee rate. If your course is further education, check the information in Special provisions, especially if it seems that none of the categories below apply to you.
If you are unsure whether you fit into any one of the categories below or if you need further information, check your situation with an adviser at your institution, your Students' Union or UKCISA's Students' Advice Line.
CATEGORY 1:
Those who are 'settled' in the UK and meet
the main residence requirements
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 [see Box 1] on the 'first day of the first academic year of the course' [see Box 2],
AND
(b) you must be 'ordinarily resident' [see Box 3] in the UK on the 'first day of the first academic year of the course' [see Box 2],
AND(c) you must also have been 'ordinarily resident' [see Box 3] in the UK and Islands (the Islands means the Channel Islands and the Isle of Man) 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 2012, you must have been ordinarily resident in the UK and Islands from 1 September 2009 to 31 August 2012,
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 [see Box 1] for three years.
Students from the Channel Islands and the Isle of ManIf you are in receipt of an award from your Island authority for higher education, you are treated differently (that is, not as a 'home' or 'overseas' fee payer). There is an agreement between the Island authorities and UK higher education institutions that the Island government will pay your fees at an agreed rate.
If you are self-financing, you will be assessed to see if you are a 'home' or an 'overseas' fee payer. If you are not ordinarily resident in the UK on the 'first day of the first academic year of the course' [see Box 2] (because, for example, you have not yet moved there from the Channel Islands or the Isle of Man) you cannot meet the requirement of (a) above, even though you may be a British citizen.
In addition, 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 you will therefore be unable to meet (a) above.
CATEGORY 2:
Those who are 'settled' in the UK and have
exercised a 'right of residence' in the EEA and/or Switzerland
You satisfy the qualifying conditions for this category if you meet all of the following criteria:
(a) you are settled in the United Kingdom [see Box 1]
AND
(b) you have left the UK and exercised a right of residence after having been 'settled' in the UK (a right of residence covers those people and their family members who are in the EEA [see Box 5] and/or Switzerland as workers or self-employed people, or as students or self-sufficient people and, in all cases, their family members; or people who have gone to the state 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 Switzerland and/or the overseas territories [see Box 6] for the three years preceding the 'first day of the first academic year of the course' [see Box 2]
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 immediately before that three-year period.
CATEGORY 3:
European Union (EU) nationals and their family
members
To be eligible under this category:
(a) on the 'first day of an academic year of your course' [see Box 2], you must be a national of an EU country [see Box 4] (see notes below); OR the 'relevant family member' [see Box 7] of a non-UK EU national, and that non-UK EU national is in the UK as a self sufficient person or as a student; OR the 'relevant family member' [see Box 7] of a UK national;
AND
(b) you must have been ordinarily resident in the European Economic Area (EEA) [see Box 5] and/or Switzerland and/or the overseas territories [see Box 6] for the three years before the 'first day of the first academic year of the course' [see Box 2];
AND
(c) the main purpose of your residence in the EEA/Switzerland (or the overseas territories if applicable) must not have been to receive full-time education during any part of the three-year period.
NOTES:
- if you become, or a 'relevant family member' [see Box 7] becomes, an EU national after the start of your course, you can become entitled to 'home' fees as from the start of the following academic year as long as you satisfy the residence conditions in (b) and (c) above on the first day of the first academic year of your course (see the next note too);
- for the purposes of the residence conditions, any country that joins the EU is considered always to have been part of the EEA.
CATEGORY 4:
'EU Nationals in the UK'
You satisfy the qualifying conditions if:
(a) you are an EU national (but not a UK national) [see Box 4] on the 'first day of the first academic year of the course' [see Box 2]. If you are a national of a country that joins the EU after the start of your course you will be treated as meeting this requirement in the next academic year;
AND
(b) you were ordinarily resident [see Box 3] 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 Switzerland and/or the overseas territories [see Box 6] immediately prior to the three-year period of ordinary residence in the UK and Islands.
CATEGORY 5:
Those with the 'right
of permanent residence' in the UK
You are entitled to pay 'home' fees under this category if:
(a) you have 'the right of permanent residence' in the UK under European Community (EC) law on the 'first day of an academic year of the course' [see Box 2].
AND
(b) you were ordinarily resident in the UK on the 'first day of the first academic year of the course' [see Box 2]
AND
(c) you were ordinarily resident [see Box 3] in the UK and Islands for the three-year period before the 'first day of the first academic year of the course' [see Box 2]
AND
(d) if any of your ordinary residence in (b) was for the main purpose of receiving full-time education, you must have been ordinarily resident in the EEA and/or Switzerland and/or the overseas territories [see Box 6] immediately prior to that three-year period.
Notes for this category:What is the 'right of permanent residence'? EU nationals acquire the right of permanent residence after a five-year period of uninterrupted lawful residence in the UK. This same rule applies to Non-EU national family members of an EU national who have lived in the UK with such a person for five years. Who are eligible 'family members' under this category? If you are a non-EU national, you can acquire the right of permanent residence if you have been here for five years with an EU national family member. Under European Law, you will be considered a family member of an EU national if you are in one of the relationships in Box 7. Additionally for this category (as provided for by Article 3 of Directive 2004/38/EC), a person will be considered to be a family member of an EU national (or "Union Citizen"):
Your university or college fee assessor will need to be satisfied that you have the right of permanent residence. If, having acquired the right of permanent residence, you have obtained a permanent residence card from the Home Office, you should show this to your fee assessor. If you are unable to provide this then it may be more difficult for you to satisfy the assessor of your right of permanent residence. However, you should be given the opportunity to provide alternative evidence. The Department for Business, Innovation and Skills (BIS) has advised us that, in assessing whether an individual has a right of permanent residence, and in absence of a residence card, it would be reasonable to ask to see the following:
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CATEGORY 6:
European Economic Area (EEA) / Swiss workers
and family members
In order to qualify for 'home' fees under this category, you must meet the following criteria:
(a) on the 'first day of an academic year of your course' you must be a non-UK EEA national [see Box 5], or a Swiss national, and resident in the UK as a 'worker' [see Box 8], or the 'relevant family member' [see Box 7] of such a 'worker';
AND
(b) you must be ordinarily resident [see Box 3] in the UK on the 'first day of the first academic year of the course' [see Box 2] unless you are an EEA or Swiss 'frontier worker' [see Box 8] or 'relevant family member' of a 'frontier worker';
AND
(c) you must have been ordinarily resident in the EEA [see Boxes 4 and 5] and/or Switzerland and/or the overseas territories [see Box 6] for the three years before the 'first day of the first academic year of the course' [see Box 2].
NOTES:
- if you are the child of an EEA 'worker' who is no longer working or living in the UK, you can still be entitled to pay 'home' fees if you came to the UK to accompany your EEA 'worker' parent
- if you or a 'relevant family member' [see Box 7] become an EEA or Swiss migrant worker part-way through your course, you might become entitled to pay 'home' fees - you can seek advice on this from an adviser at your institution, your Students' Union or telephone UKCISA's Students' Advice Line.
CATEGORY 7:
Child of a Swiss National
In order to qualify for 'home' fees under this category, you must meet the following criteria:
(a) on the 'first day of an academic year of your course', you must be the child [see Box 7] of a Swiss national;
AND
(b) you must be ordinarily resident [see Box 3] in the UK on the 'first day of the first academic year of the course' [see Box 2];
AND
(c) you must have been ordinarily resident in the EEA [see Box 5] and/or Switzerland and/or the overseas territories [see Box 6] for the three years before the 'first day of the first academic year of the course' [see Box 2];
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 and/or Switzerland immediately before that three-year period.
NOTES:
- there is no requirement that your Swiss parent is, or has been, economically active in the UK
- if you become the child of a Swiss national part-way through your course, you might become entitled to pay 'home' fees – you can seek advice on this from an adviser at your institution, your Students' Union or telephone UKCISA's Students' Advice Line.
CATEGORY 8:
Child of a Turkish worker
To be eligible under this category:
(a) you must be the child [see Box 7] of a Turkish national;
AND
(b) your Turkish national parent must be ordinarily resident [see Box 3] in the UK and must be, or have been, lawfully employed in the UK;
AND
(c) you must be ordinarily resident in the UK on the 'first day of the first academic year of the course' [see Box 2];
AND
(d) you must have been ordinarily resident in the EEA [see Box 5] and/or Switzerland and/or Turkey and/or the overseas territories [see Box 6] for the three years before the 'first day of the first academic year of the course' [see Box 2].
CATEGORY 9:
Refugees, their spouse/civil partner and children
To be eligible under this category:
(a) you must be ordinarily resident [see Box 3] in the United Kingdom on the 'first day of the first academic year of the course' [see Box 2];
AND
(b) on the 'first day of an academic year of the course', you must be a refugee recognised by the UK Government [see Box 9 for when someone granted Refugee Status has become a British Citizen];
OR
you must be the spouse or 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
you must be the child [see Box 7] 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, since you were given leave to remain in the UK.
If you are, or if your parent or spouse or civil partner is, recognised as a refugee after the start of the course, you may be entitled to 'home' fees from the start of the next academic year.
CATEGORY 10:
i) Those who apply for asylum and are not granted refugee status but are allowed
to remain in the UK, and their family
ii) Those who apply for, and are granted, discretionary leave, and their family
If you apply for asylum and the Home Office decides that you do not qualify for refugee status, you may still be allowed to stay in the UK. In such circumstances, the Home Office normally grants Humanitarian Protection (HP), Discretionary Leave (DL) or, in some cases, Indefinite Leave to Remain. Until 1 April 2003, Exceptional Leave to Enter or Remain (ELE/R) was granted in such circumstances.
Category 10 was significantly amended by the Welsh Government in 2011. New regulations came into force on 31 August 2011. The category now explicitly covers those granted humanitarian protection (HP), and discretionary leave (DL), as the result of a failed asylum application, and their family members. However, it now excludes those granted any other kind of leave following an asylum application.
Additionally, this category also covers those granted DL following a non-asylum application, and their family members.
To be eligible under this category:
(a) you must be ordinarily resident [see Box 3] in the United Kingdom on the 'first day of the first academic year of the course' [see Box 2];
AND
(b) on the 'first day of an academic year of the course', you must be a 'person with leave to enter or remain' (as defined in the Wales fees regulations);
OR
you must be the spouse or civil partner of a 'person with leave to enter or remain' and you must have been the spouse or civil partner of that person on the date on which the asylum application was made;
OR
you must be the child [see Box 7] of a 'person with leave to enter or remain', or a child of that person's spouse or civil partner and, at the time the 'person with leave to enter or remain' made the asylum application or discretionary leave application, you must have been the under-18-year-old child of that person or of that person's spouse or civil partner.
If you are, or if your parent or spouse or civil partner is, granted permission to stay in the UK 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.
'Person with leave to enter or remain' (as defined in the Wales fees regulations)
This means a person whom:- the Home Office has told does not qualify for recognition as a refugee but nevertheless should be allowed to stay in the UK and therefore has been granted humantiarian protection or discretionary leave; or
- having made an application for discretionary leave, has been told by the Home Office that he should be allowed to stay in the UK and therefore has been granted such leave.
- whose period of leave is still current, or has been renewed and the new leave is still current, or who is waiting for the outcome of an in time application for renewal, or is waiting for an appeal concerning their leave; and
- who has been ordinarily resident in the UK and Islands since having been granted leave.
Definitions
Box 1'Settled''Settled' means being both ordinarily resident in the UK and without any immigration restriction on the length of your stay in the UK. The fees regulations refer to immigration law for the definition of 'settled'. To be 'settled' you must either have the Right of Abode or Indefinite Leave to Enter or Remain in the UK or have the right of permanent residence in the UK under EC law. If your passport describes you as a 'British citizen', then you have the 'Right of Abode'. Certain categories exempt from time limits on their stay in the UK, however, do not come within the definition of 'settled' – for example, diplomats and members of their households do not have specified time limits on their permission to stay in the UK but they are not 'settled' under the relevant immigration law.NOTE: those who are 'settled' through having acquired the right of permanent residence under European Community (EC) law do not qualify as 'home' students under category 1 but may qualify under category 2, 3,4,5 or 6, depending on their circumstances. ↑ Back to top |
Box 2'The first day of an academic year of the course'(also used for the 'first day of the first academic year of the course')
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Box 3Ordinarily residentThe relevant residence area is specified in each individual category, and is one of the following:
You are 'ordinarily resident' in the relevant area if you have habitually, normally and lawfully resided in that area from choice. Temporary absences from the residence area should be ignored. If you can demonstrate that you have not been ordinarily resident in the relevant residence area only because you were, or your 'relevant family member' was, temporarily working outside the relevant residence area, you will be treated as though you have been ordinarily resident for the period during which this was the case. Main purpose of residence being full-time educationWhere 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 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. For more detailed information about ordinary residence, see UKCISA's Information Sheet Ordinary residence: case law for fees and Student Support. ↑ Back to top |
Box 4European Union (EU) nationalYou are an EU national if you are a national or citizen of one of the following:
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Box 5The European Economic Area (EEA)The EEA is a larger area than the EU. It is made up of all the countries in the EU (listed in Box 4) plus:
For categories where the residence area includes the EEA, the residence area is made up of all 30 countries in the EEA including the whole of the island of Cyprus (that is, including Northern Cyprus). ↑ Back to top |
Box 6The Overseas TerritoriesThe "overseas territories" are:
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Box 7Relevant family membersfor EU nationals (including UK nationals)
for EEA Workers
for Swiss Workers
Meaning of 'child' For the purposes of the fees regulations, the word 'child' is not defined in terms of either age (unless otherwise specified) or dependency and a child can be an adopted child or any child for whom the relevant person is a guardian or has parental responsibility. ↑ Back to top |
Box 8EEA / Swiss 'worker''Worker' includes an EEA or Swiss national who is:
A 'frontier worker' is an EEA/Swiss national working in the UK but who "resides in Switzerland or the territory of an EEA State other than the United Kingdom and returns to their residence in Switzerland or an EEA state, at least once a week". What kind of work?
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Box 9When someone granted Refugee Status has become a British CitizenThe Immigration Rules revoke someone’s Refugee Status once he/she 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. Example: |
What can I do if I think the institution has made a mistake in deciding my fee status?
If you think a mistake has been made, do not sign any document or contract agreeing to pay the 'overseas' rate of fee. Contact the institution immediately and ask it to explain the decision. If you still think the decision is wrong, give the reasons why you think there has been a mistake. It is important to communicate in writing and to keep copies of all correspondence. If you are still not satisfied with the decision, contact an adviser at your institution, your Students' Union or telephone UKCISA's Students' Advice Line.
Students on courses of further education (FE)
See 'Is my course higher education or further education?' for an explanation of what further education means.
In addition to the categories, most institutions which provide FE courses will also charge 'home' fees (or no fees at all) to some other categories of student on some courses. This will depend on your circumstances.
Most institutions in Wales will charge 'home' fees, for courses funded by the National Assembly for Wales, to:
- asylum seekers who are receiving assistance from the Home Office or means tested benefits or voucher support/financial help from Social Services, and their dependants, and asylum seekers who are 16 to 18 years old and being looked after by Social Services
- learners who are British citizens aged 16-to-18 and on a full-time programme of study.
If you are in any doubt about your eligibility for 'home fees' for further education, you should seek advice from your institution, Students' Union or UKCISA's Students' Advice line.
Fee status: information checklist
Many institutions have a 'fee status questionnaire' which they will ask you to complete. This checklist describes the type of information which institutions may ask you to provide. Please note that this list is for your information and guidance only. Individual institutions may ask for more or less information than is listed here.
Print version of the fee status information checklist
- Course start date (month and year)
- Your nationality/passport
- If you are married / in a civil partnership, nationality of your husband / wife / civil partner
- Nationality/nationalities of your parents
- Nationality/nationalities of any other relevant family members
If you are already in the UK:
- Date you arrived in the UK (dd/mm/yy)
- What is your immigration status in the UK? (For example, student
or visitor).
Please give dates of any changes or extensions - Date of expiry (end) of current Leave to Remain ('visa') (dd/mm/yy)
- Current immigration status of your husband / wife / civil partner
- Current immigration status of your parents (if in the UK)
- Current immigration status of any other 'relevant family members' (if in the UK)
- Where you live / have lived:
- (a) General (over at least the last six years)
- (b) Past three years / three years before course start date
- Main reasons for residency (in all the countries you have lived in)
- Where your family lives / has lived (general)
- Main reasons for their residency
Additional questions, if you are applying for a further education course:
- Have you applied for asylum in the UK?
- If Yes:
- (a) has a decision yet been made? (Result?)
- (b) what are your means of support? (eg NASS?)
UKCISA Students' Advice Line
Tel: 020 3131 3576
13.00-16.00 hours UK time Mon-Fri
Note that we cannot see personal callers.
If you are calling from outside the UK, do not dial the (0) in the telephone numbers above. For example, if you want to call UKCISA from outside the UK, dial +44 20 3131 3576. If you are in the UK, do not dial +44, but do start the number with 0. For example, if you call UKCISA from within the UK, dial 020 3131 3576.
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