The information below explains the conditions that determine which rate of tuition fee you will be charged on courses of higher education (HE) and further education (FE) in Scotland, if you are starting your course on or after 1 August 2021.
If you are studying in HE, you will be charged one of three levels of fee:
- a 'home' fee for those who meet all the conditions of one (or more) categories; or
- a ‘rest of UK’ (‘RUK’) fee – capped at a middle rate roughly equivalent to the 'home' fee charged in England. Under some (but not all) categories, students who are not eligible for a 'home' fee may instead qualify for this 'RUK' fee and institutions agree with the Scottish Government to cap this fee at a middle rate; or
- a top-rate ‘overseas' fee for all other students.
If you are studying in FE, we understand from the Scottish Government that there is no option to be charged a ‘rest of UK’ (‘RUK’) fee. Therefore, you will be charged either the 'home' rate or the 'overseas' rate. Find out if your course is in higher education (HE) or further education (FE).
The Scottish Government advises publicly-funded educational institutions in Scotland to determine 'home' fees eligibility using The Education (Fees) (Scotland) Regulations 2011, as amended ('the fees regulations'). The Scottish Government published amending fees and Student Support regulations The Education (Fees and Student Support) (EU Exit) (Scotland) (Amendment) Regulations 2021 in January 2021. These amendments will affect eligibility for students who commence a course from on or after 1 August 2021.
In this section, we provide our interpretation of the categories that will appear in the fees regulations with effect from 1 August 2021. The categories appear as numbered paragraphs in the fees regulations; they start at Regulation 3, and then continue in Schedule 1 paragraphs 1 to 13A. We present the categories in the order in which they appear as paragraphs in the fees regulations.
Additionally, Student Awards Agency Scotland (SAAS) has published two guidance documents about the situation for students starting courses in 2021-22 and, where appropriate, we make reference to extra provisions or requirements in these two documents:
UKCISA members can currently access a consolidated version of The Education (Fees) (Scotland) Regulations 2011, as amended, in the UKCISA manual. See Fees regulations for August 2021 onwards (you will need your UKCISA login details).
This category is our interpretation of provisions in regulation 3 of the fees regulations.
To be eligible for ‘home’ fees under this category, you must meet all of the following criteria:
(a) you must be settled in the UK on the relevant date [see Definitions for an explanation of all of these terms]; and
(b) you must be ordinarily resident [see Definitions] in Scotland on the relevant date. However, if you are ordinarily resident in Scotland because you moved from elsewhere in the UK and Islands to undertake a course, then you are considered to be ordinarily resident wherever you moved from; and
(c) your ordinary residence in Scotland on the relevant date must not be attributable to, or connected with, any period of residence in Scotland that was wholly/mainly for the purpose of receiving full-time education within the immediately preceding three-year period. If it is, then you will not be eligible under this category. The only exception to this which looks possible is if you are someone who has been granted settled status under the EU Settlement Scheme and, prior to being granted that, you had acquired the right of permanent residence in the UK "as a result of residence for full-time education which” led to that right; and
(d) you must also have been ordinarily resident in the UK and Islands [see Definitions] for the full three year period before the relevant date, eg if your course begins in October 2021, the date in (a) above will be 1 August 2021 and you must have been ordinarily resident in the UK and Islands from 1 August 2018 to 31 July 2021; and
(e) 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. The only exception to this which looks possible is if you are someone who has been granted settled status under the EU Settlement Scheme and, prior to being granted that, you had acquired the right of permanent residence in the UK "as a result of residence for full-time education which” led to that right, and provided that you were ordinarily resident in the EEA and/or Switzerland immediately prior to the five-year period of UK residence which led to you obtaining this right.
Saving provision for those who fail the ordinary residence test
You will be treated as having been ordinarily resident in the relevant area for the three-year period if you were born, and spent the greater part of your life, in the relevant area and
- your parents, or either of them, have been ordinarily resident in the relevant area throughout the three-year period and you are not an independent student; or
- you have been ordinarily resident in the relevant area for at least one year of the specified period.
You are an ‘independent student’ if, prior to the relevant date:
- you are aged 25 years or over; or
- you are married or in a civil partnership; or
- you have no parent living; or
- you had the care of a person under the age of 18 years who was wholly or mainly financially dependent upon you; or
- you have been self-supporting out of your earnings for periods aggregating not less than 3 years. You may need to seek advice about whether you can be assessed as having been ‘self-supporting’. This is explained in the Schedule 2 paragraph 3(2) of the fees regulations.
Eligibility for the 'RUK' fee
If you meet all the conditions of this category, you will be eligible for the 'home' fee. If you fail to meet (b) and/or (c) but meet all other requirements, you will be eligible for the middle rate ('RUK') fee, provided that you are ordinarily resident in the UK on the relevant date. However, if you are ordinarily resident in Scotland having moved from the Islands to undertake a course, then you are considered to be ordinarily resident in the Islands.
Students from the Channel Islands and the Isle of Man
If you fail paragraph (b), above, and you will be treated as being ordinarily resident in the Islands, check with your institution about what fee rate they will charge you (they might have a special 'Islands' rate).
This category is our interpretation of provisions in regulation 3 of the fees regulations.
To be eligible for ‘home’ fees under this category, you must meet all of the following criteria:
(a) you must be:
- under the age of 18 and have lived in the UK throughout the seven-year period preceding the relevant date [see Definitions]; or
- aged 18 years old-or-above and, preceding the relevant date, have lived in the UK [see Definitions] throughout either half your life or a period of twenty years; and
(b) you must be ordinarily resident [see Definitions] in Scotland on the relevant date. However, if you are ordinarily resident in Scotland because you moved from elsewhere in the UK and Islands to undertake a course, then you are considered to be ordinarily resident wherever you moved from; and
(c) your ordinary residence in Scotland on the relevant date must not be attributable to / connected with any period of residence in Scotland that was wholly/mainly for the purpose of receiving full-time education within the immediately preceding three-year period. If it is, then you will not be eligible under this category. The only exception to this which looks possible is if you are someone who has been granted settled status under the EU Settlement Scheme and, prior to being granted that, you had acquired the right of permanent residence in the UK "as a result of residence for full-time education which” led to that right; and
(d) you must also have been ordinarily resident in the UK and Islands for the full three year period before the relevant date, eg if your course begins in October 2021, the date in (a) above will be 1 August 2021 and you must have been ordinarily resident in the UK and Islands from 1 August 2018 to 31 July 2021; and
(e) 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. The only exception to this which looks possible is if you are someone who has been granted settled status under the EU Settlement Scheme and, prior to being granted that, you had acquired the right of permanent residence in the UK "as a result of residence for full-time education which” led to that right, and provided that you were ordinarily resident in the EEA and/or Switzerland immediately prior to the five-year period of UK residence which led to you obtaining this right.
Saving provision for those who fail the ordinary residence test
You will be treated as having been ordinarily resident in the relevant area for the three-year period if you were born, and spent the greater part of your life, in the relevant area and
- your parents, or either of them, have been ordinarily resident in the relevant area throughout the three-year period and you are not an independent student; or
- you have been ordinarily resident in the relevant area for at least one year of the specified period.
You are an ‘independent student’ if, prior to the relevant date:
- you are aged 25 years or over; or
- you are married or in a civil partnership; or
- you have no parent living; or
- you had the care of a person under the age of 18 years who was wholly or mainly financially dependent upon you; or
- you have been self-supporting out of your earnings for periods aggregating not less than 3 years. You may need to seek advice about whether you can be assessed as having been ‘self-supporting’. This is explained in the Schedule 2 paragraph 3(2) of the fees regulations.
Eligibility for the 'RUK' fee
If you meet all the conditions of this category, you will be eligible for the 'home' fee. If you fail to meet (b) and/or (c) but meet all other requirements, you will be eligible for the middle rate ('RUK') fee, provided that you are ordinarily resident in the UK on the relevant date. However, if you are ordinarily resident in Scotland having moved from the Islands to undertake a course, then you are considered to be ordinarily resident in the Islands.
Students from the Channel Islands and the Isle of Man
If you fail paragraph (b), above, and you will be treated as being ordinarily resident in the Islands, check with your institution about what fee rate they will charge you (they might have a special 'Islands' rate).
This category is our interpretation of provisions in Schedule 1 paragraph 1 of the fees regulations.
To be eligible for ‘home’ fees under this category, you must meet all of the following criteria:
(a) you must be:
- a ‘person with protected rights’ [see Definitions]. If you have pre-settled status or settled status under the EU Settlement Scheme, you will automatically be considered to be a ‘person with protected rights’; or
- a ‘qualifying frontier worker’. The fees regulations bring in a definition of a qualifying frontier worker from The Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020 which state that a “frontier worker” is someone who immediately before IP completion day (which was 11.00pm on 31 December 2020) and continuously since IP completion day was, and has been:
- an EEA national [see Definitions];
- not primarily resident in the UK [see Definitions]. Being ‘not primarily resident’ is further explained in regulation 3 of that same legislation; and
- either—
- a worker in the UK;
- a self-employed person in the UK; or
- a person treated as a worker or self-employed person in the UK […];
and
(b) you must be:
- an EEA national, or Swiss national, in the UK as an employed person, a self-employed person, or a frontier worker (who is employed or self-employed); or
- the family member of such a person. The regulations say that, for this provision, a family member can include someone who is the 'family member of a relevant person of Northern Ireland' [see Definitions].
Here, the regulations themselves define a 'frontier worker' as being an EEA/Swiss national who works in the UK but who resides in Switzerland, Gibraltar, or the territory of an EEA State, and returns to their residence in Switzerland, Gibraltar, or an EEA state, daily or at least once a week.
and
(c) you must have been ordinarily resident [see Definitions] in the UK, Islands, Gibraltar or the territory comprising the EEA and Switzerland for the three years preceding the relevant date [see Definitions].
Saving provision for those who fail the ordinary residence test
You will be treated as having been ordinarily resident in the relevant area for the three-year period if you were born, and spent the greater part of your life, in the relevant area and
- your parents, or either of them, have been ordinarily resident in the relevant area throughout the three-year period and you are not an independent student; or
- you have been ordinarily resident in the relevant area for at least one year of the specified period.
You are an ‘independent student’ if, prior to the relevant date:
- you are aged 25 years or over; or
- you are married or in a civil partnership, or
- you have no parent living, or
- you had the care of a person under the age of 18 years who was wholly or mainly financially dependent upon you, or
- you have been self-supporting out of your earnings for periods aggregating not less than 3 years. You may need to seek advice about whether you can be assessed as having been ‘self-supporting’. This is explained in the Schedule 2 paragraph 3(2) of the fees regulations.
No eligibility for 'RUK' fee
If you meet all the conditions of this category, you will be eligible for the ‘home’ fee. There is no eligibility for the middle rate / 'RUK' fee under this category.
Child of a former EEA worker
If you are the child of an EEA worker who is no longer working or living in the UK, you may still be entitled to pay 'home' fees if you have, at some point, lived in the UK as the child of that person whilst he/she exercised his/her right to reside as a worker (but not a self-employed worker). This provision is made by Schedule 1 paragraph 2 of The Education (Fees) (Scotland) Regulations 2011.
You should seek advice from your institution, from your Students' Union, or by telephoning our students' advice line, if you would like to explore this option.
This category is our interpretation of provisions in Schedule 1 paragraph 3 of the fees regulations.
This category refers to 'settled' people. See Definitions for an explanation of 'settled'. However please note that, in effect, this category only provides for the type of settled person who can have utilised a 'right of residence' in the EEA or Switzerland; which is UK nationals and those nationals who had acquired a Right of Permanent Residence in the UK under the UK's former implementation of EU law.
To be eligible for ‘home’ fees under this category, you must be undertaking a course which starts prior to 31 July 2028, and you must meet all of the following criteria:
(a) you are settled in the UK within the meaning given by section 33(2A) of the Immigration Act 1971, or you are the family member of a UK national. If you are the family member of a UK national, the requirement to be settled does not apply to you [see Definitions for an explanation of some of these terms];
and
(b) you were ordinarily resident [see Definitions] in Scotland for at least three continuous years and settled in the UK within the meaning given by section 33(2A) of the Immigration Act 1971 immediately before leaving the UK and you exercised a right of residence elsewhere in the EEA and/or Switzerland before 11pm on 31 December 2020 (known as ‘IP completion day’). If you are the family member of a UK national then you do not have to have been settled in the UK immediately before that person exercised a right of residence. A right of residence covers those people, and their family members, who were in the EEA [see Definitions] and/or Switzerland as workers, self-employed people, students and/or self-sufficient people;
(c) you were ordinarily resident on IP completion day—
- in Gibraltar or the territory comprising the EEA and Switzerland; or
- in the UK and Islands, immediately following a period of ordinary residence in Gibraltar or the territory comprising the EEA and Switzerland, and you have remained ordinarily resident in the UK, Islands, Gibraltar or the territory comprising the EEA and Switzerland from IP completion day to the relevant date [see Definitions];
and
(d) you have been ordinarily resident in the UK, Islands, Gibraltar or the territory comprising the EEA and Switzerland throughout the period of three years immediately preceding the relevant date; and
(e) in a case where the ordinary residence referred to in (d) above was wholly/mainly for the purposes of receiving full-time education, you were ordinarily resident in the UK, Islands, Gibraltar or the territory comprising the EEA and Switzerland immediately before that three-year period.
Saving provision for those who fail the ordinary residence test
You will be treated as having been ordinarily resident in the relevant area for the three-year period if you were born, and spent the greater part of your life, in the relevant area and
- your parents, or either of them, have been ordinarily resident in the relevant area throughout the three-year period and you are not an independent student; or
- you have been ordinarily resident in the relevant area for at least one year of the specified period.
You are an ‘independent student’ if, prior to the relevant date:
- you are aged 25 years or over; or
- you are married or in a civil partnership; or
- you have no parent living; or
- you had the care of a person under the age of 18 years who was wholly or mainly financially dependent upon you; or
- you have been self-supporting out of your earnings for periods aggregating not less than 3 years. You may need to seek advice about whether you can be assessed as having been ‘self-supporting’. This is explained in the Schedule 2 paragraph 3(2) of the fees regulations.
No eligibility for 'RUK' fee
If you meet all the conditions of this category, you will be eligible for the ‘home’ fee. There is no eligibility for the middle rate / 'RUK' fee under this category.
This category is our interpretation of provisions in Schedule 1 paragraph 4 of the fees regulations.
To be eligible for ‘home’ fees under this category, you must meet all of the following criteria:
(a)
- you must have been recognised as a refugee by the UK Government and have remained ordinarily resident in the UK and Islands since then [see Definitions for an explanation of some of these terms]; or
- you must be the spouse or civil partner or child of such a person;
and
(b) you must be ordinarily resident in Scotland on the relevant date [see Definitions]. If you are ordinarily resident in Scotland on the relevant date having moved from somewhere else in the UK or the Islands to undertake a course then you are considered to be ordinarily resident in that other place and not in Scotland.
Refugee Status: where someone gains British citizenship
The Immigration Rules revoke someone's Refugee Status once that person 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.
Eligibility for 'RUK' fee
If, on the relevant date, you are ordinarily resident, or considered to be ordinarily resident, somewhere in the UK other than Scotland then you will be eligible for the middle ('RUK') rate of fee (not the ‘home’ rate) provided that you meet the other requirements of this category.
Students from the Channel Islands and the Isle of Man (the ‘Islands’)
If you are ordinarily resident, or considered to be ordinarily resident, in the Islands then check with your institution about what fee rate they will charge you because they might have a special 'Islands' rate.
This category is our interpretation of provisions in Schedule 1 paragraph 5 of the fees regulations.
If you apply for asylum and the Home Office decides that you do not qualify for refugee status but that you should be allowed to stay in the UK it will usually grant humanitarian protection, discretionary leave, or some other type of immigration leave (immigration permission).
To be eligible for 'home' fees under this category, you must meet all of the following criteria:
(a)
- you must have been refused refugee status but granted leave as above; and
- you must have remained ordinarily resident in the UK and Islands since the Home Office decision [see Definitions for an explanation of all of these terms]; and
- you must be ordinarily resident in Scotland on the relevant date [see Definitions]. If you are ordinarily resident in Scotland on the relevant date having moved from somewhere else in the UK or the Islands to undertake a course then you are considered to be ordinarily resident in that other place and not in Scotland;
or
(b)
- you must be the spouse, civil partner or child of such a person in (a); and
- you must be ordinarily resident in Scotland on the relevant date. If you are ordinarily resident in Scotland on the relevant date having moved from somewhere else in the UK or the Islands to undertake a course then you are considered to be ordinarily resident in that other place and not in Scotland.
Eligibility for 'RUK' fee if you are the person under (a)
If, on the relevant date, you are ordinarily resident, or considered to be ordinarily resident, somewhere in the UK other than Scotland then you will be eligible for the middle ('RUK') rate of fee (not the ‘home’ rate) provided that you meet the other requirements of this category.
Eligibility for 'RUK' fee if you are the person under (b)
If, on the relevant date, you and/or the person under (a) are ordinarily resident, or considered to be ordinarily resident, somewhere in the UK other than Scotland then you will be eligible for the middle ('RUK') rate of fee (not the ‘home’ rate) provided that you meet the other requirements of this category.
Students from the Channel Islands and the Isle of Man (the ‘Islands’)
If you are ordinarily resident, or considered to be ordinarily resident, in the Islands then check with your institution about what fee rate they will charge you because they might have a special 'Islands' rate.
This category is our interpretation of provisions in Schedule 1 paragraph 6 of the fees regulations.
To be eligible for ‘home’ fees under this category, you must meet all of the following criteria:
(a)
- you must be an Iraqi national who has been granted indefinite leave to enter the UK, under the Locally Engaged Staff Assistance Scheme (Direct Entry) operated by the Home Department; and
- you must have been ordinarily resident in the UK and Islands at all times since you were first granted such indefinite leave to enter [see Definitions for an explanation of some of these terms]; and
- you must be ordinarily resident in Scotland on the relevant date [see Definitions]. If you are ordinarily resident in Scotland on the relevant date having moved from somewhere else in the UK or the Islands to undertake a course then you are considered to be ordinarily resident in that other place and not in Scotland;
or
(b)
- you must be the spouse, civil partner or child of such a person in (a); and
- you must be ordinarily resident in Scotland on the relevant date. If you are ordinarily resident in Scotland on the relevant date having moved from somewhere else in the UK or the Islands to undertake a course then you are considered to be ordinarily resident in that other place and not in Scotland.
Eligibility for 'RUK' fee if you are the person under (a)
If, on the relevant date, you are ordinarily resident, or considered to be ordinarily resident, somewhere in the UK other than Scotland then you will be eligible for the middle ('RUK') rate of fee (not the ‘home’ rate) provided that you meet the other requirements of this category.
Eligibility for 'RUK' fee if you are the person under (b)
If, on the relevant date, you and/or the person under (a) are ordinarily resident, or considered to be ordinarily resident, somewhere in the UK other than Scotland then you will be eligible for the middle ('RUK') rate of fee (not the ‘home’ rate) provided that you meet the other requirements of this category.
Students from the Channel Islands and the Isle of Man (the ‘Islands’)
If you are ordinarily resident, or considered to be ordinarily resident, in the Islands then check with your institution about what fee rate they will charge you because they might have a special 'Islands' rate.
This category is our interpretation of provisions in Schedule 1 paragraph 6A of the fees regulations.
In order to qualify for ‘home’ fees under this category, you must meet all of the following criteria:
(a)
- you must be a Syrian national who has been granted humanitarian protection (HP) to enter the UK under the Syrian Vulnerable Persons Relocation Scheme; and
- you must have been ordinarily resident in the UK and Islands at all times since first being granted that HP to enter the UK [see Definitions for an explanation of some of these terms]; and
- you must be ordinarily resident in Scotland on the relevant date [see Definitions]. If you are ordinarily resident in Scotland on the relevant date having moved from somewhere else in the UK or the Islands to undertake a course then you are considered to be ordinarily resident in that other place and not in Scotland.
or
(b)
- you must be the spouse, civil partner or child of such a person in (a); and
- you must be ordinarily resident in Scotland on the relevant date. If you are ordinarily resident in Scotland on the relevant date having moved from somewhere else in the UK or the Islands to undertake a course then you are considered to be ordinarily resident in that other place and not in Scotland.
Eligibility for 'RUK' fee if you are the person under (a)
If, on the relevant date, you are ordinarily resident, or considered to be ordinarily resident, somewhere in the UK other than Scotland then you will be eligible for the middle ('RUK') rate of fee (not the ‘home’ rate) provided that you meet the other requirements of this category.
Eligibility for 'RUK' fee if you are the person under (b)
If, on the relevant date, you and/or the person under (a) are ordinarily resident, or considered to be ordinarily resident, somewhere in the UK other than Scotland then you will be eligible for the middle ('RUK') rate of fee (not the ‘home’ rate) provided that you meet the other requirements of this category.
Students from the Channel Islands and the Isle of Man (the ‘Islands’)
If you are ordinarily resident, or considered to be ordinarily resident, in the Islands then check with your institution about what fee rate they will charge you because they might have a special 'Islands' rate.
This category is our interpretation of provisions in Schedule 1 paragraph 6B of the fees regulations.
In order to qualify for ‘home’ fees under this category, you must meet all of the following criteria:
(a)
- you must be an Afghan national who has been granted limited leave to remain in the UK under the Locally Employed Staff Ex-Gratia Scheme [that is, a Home Office Scheme for people made redundant as a direct consequence of the UK’s reduction of military presence in Afghanistan]; and
- you must have been ordinarily resident in the UK and Islands at all times since first being granted that leave [see Definitions for an explanation of some of these terms]; and
- you must be ordinarily resident in Scotland on the relevant date [see Definitions]. If you are ordinarily resident in Scotland on the relevant date having moved from somewhere else in the UK or the Islands to undertake a course then you are considered to be ordinarily resident in that other place and not in Scotland;
or
(b)
- you must be the spouse, or civil partner or child of such a person in (a); and
- you must be ordinarily resident in Scotland on the relevant date. If you are ordinarily resident in Scotland on the relevant date having moved from somewhere else in the UK or the Islands to undertake a course then you are considered to be ordinarily resident in that other place and not in Scotland.
Eligibility for 'RUK' fee if you are the person under (a)
If, on the relevant date, you are ordinarily resident, or considered to be ordinarily resident, somewhere in the UK other than Scotland then you will be eligible for the middle ('RUK') rate of fee (not the ‘home’ rate) provided that you meet the other requirements of this category.
Eligibility for 'RUK' fee if you are the person under (b)
If, on the relevant date, you and/or the person under (a) are ordinarily resident, or considered to be ordinarily resident, somewhere in the UK other than Scotland then you will be eligible for the middle ('RUK') rate of fee (not the ‘home’ rate) provided that you meet the other requirements of this category.
Students from the Channel Islands and the Isle of Man (the ‘Islands’)
If you are ordinarily resident, or considered to be ordinarily resident, in the Islands then check with your institution about what fee rate they will charge you because they might have a special 'Islands' rate.
This category is our interpretation of provisions in Schedule 1 paragraph 6C of the fees regulations.
In order to qualify for ‘home’ fees under this category, you must meet all of the following criteria:
(a)
- you must be a person who has been granted limited leave to remain in the UK as a stateless person under the immigration rules; and
- you must have been ordinarily resident in the UK and Islands at all times since first being granted that leave [see Definitions for an explanation of some of these terms]; and
- you must be ordinarily resident in Scotland on the relevant date [see Definitions]. If you are ordinarily resident in Scotland on the relevant date having moved from somewhere else in the UK or the Islands to undertake a course then you are considered to be ordinarily resident in that other place and not in Scotland;
or
(b)
- you must be the spouse, or civil partner or child of such a person in (a); and
- you must be ordinarily resident in Scotland on the relevant date. If you are ordinarily resident in Scotland on the relevant date having moved from somewhere else in the UK or the Islands to undertake a course then you are considered to be ordinarily resident in that other place and not in Scotland.
Eligibility for 'RUK' fee if you are the person under (a)
If, on the relevant date, you are ordinarily resident, or considered to be ordinarily resident, somewhere in the UK other than Scotland then you will be eligible for the middle ('RUK') rate of fee (not the ‘home’ rate) provided that you meet the other requirements of this category.
Eligibility for 'RUK' fee if you are the person under (b)
If, on the relevant date, you and/or the person under (a) are ordinarily resident, or considered to be ordinarily resident, somewhere in the UK other than Scotland then you will be eligible for the middle ('RUK') rate of fee (not the ‘home’ rate) provided that you meet the other requirements of this category.
Students from the Channel Islands and the Isle of Man (the ‘Islands’)
If you are ordinarily resident, or considered to be ordinarily resident, in the Islands then check with your institution about what fee rate they will charge you because they might have a special 'Islands' rate.
This category is our interpretation of provisions in Schedule 1 paragraph 6D of the fees regulations.
For the purposes of this category, 'modern slavery' includes human trafficking, slavery, servitude and forced or compulsory labour.
In order to qualify for 'home' fees under this category, you must meet all of the following criteria:
(a) you must be a person who has been granted discretionary leave to remain in the UK due to being identified as a victim of modern slavery; and
(b) you must have been ordinarily resident in the UK and Islands at all times since first being granted that discretionary leave [see Definitions for an explanation of some of these terms]; and
(c) you must be ordinarily resident in Scotland on the relevant date [see Definitions]. If you are ordinarily resident in Scotland on the relevant date having moved from somewhere else in the UK or the Islands to undertake a course then you are considered to be ordinarily resident in that other place and not in Scotland.
Eligibility for 'RUK' fee
If, on the relevant date, you are ordinarily resident, or considered to be ordinarily resident, somewhere in the UK other than Scotland then you will be eligible for the middle ('RUK') rate of fee (not the ‘home’ rate) provided that you meet the other requirements of this category.
Students from the Channel Islands and the Isle of Man (the ‘Islands’)
If you are ordinarily resident, or considered to be ordinarily resident, in the Islands then check with your institution about what fee rate they will charge you because they might have a special 'Islands' rate.
This category is our interpretation of provisions in Schedule 1 paragraph 6E of the fees regulations.
In order to qualify for 'home' fees under this category, you must meet all of the following criteria:
(a) you must be a person who has been 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 at:
- paragraph 289B (victims of domestic violence);
- paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse); or
- paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces);
and
(b) you must have been ordinarily resident in the UK and Islands at all times since first being granted such leave [see Definitions for an explanation of some of these terms] ; and
(c) you must be ordinarily resident in Scotland on the relevant date [see Definitions]. If you are ordinarily resident in Scotland on the relevant date having moved from somewhere else in the UK or the Islands to undertake a course then you are considered to be ordinarily resident in that other place and not in Scotland.
Eligibility for 'RUK' fee
If, on the relevant date, you are ordinarily resident, or considered to be ordinarily resident, somewhere in the UK other than Scotland then you will be eligible for the middle ('RUK') rate of fee (not the ‘home’ rate) provided that you meet the other requirements of this category.
Students from the Channel Islands and the Isle of Man (the ‘Islands’)
If you are ordinarily resident, or considered to be ordinarily resident, in the Islands then check with your institution about what fee rate they will charge you because they might have a special 'Islands' rate.
This category is our interpretation of provisions in Schedule 1 paragraph 6F of the fees regulations.
In order to qualify for 'home' fees under this category, you must meet all of the following criteria:
(a) you must be 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; and
(b) you must have been ordinarily resident in the UK and Islands at all times since first being granted such leave [see Definitions for an explanation of some of these terms]; and
(c) you must be ordinarily resident in Scotland on the relevant date [see Definitions]. If you are ordinarily resident in Scotland on the relevant date having moved from somewhere else in the UK or the Islands to undertake a course then you are considered to be ordinarily resident in that other place and not in Scotland.
Eligibility for 'RUK' fee
If, on the relevant date, you are ordinarily resident, or considered to be ordinarily resident, somewhere in the UK other than Scotland then you will be eligible for the middle ('RUK') rate of fee (not the ‘home’ rate) provided that you meet the other requirements of this category.
Students from the Channel Islands and the Isle of Man (the ‘Islands’)
If you are ordinarily resident, or considered to be ordinarily resident, in the Islands then check with your institution about what fee rate they will charge you because they might have a special 'Islands' rate.
This category is our interpretation of provisions in Schedule 1 paragraph 7 of the fees regulations.
"Temporary protection" is permission granted under Part 11A of the Immigration Rules.
To be eligible for ‘home’ fees under this category, you must meet all of the following criteria:
(a) you must be a person who has been granted temporary protection and who has been ordinarily resident in the UK and Islands at all times since you were first granted temporary protection [see Definitions for an explanation of some of these terms]; and
(b) you must be younger than 18 years old prior to the beginning of the current academic year for which you are being assessed; and
(c) you must be ordinarily resident in Scotland on the relevant date [see Definitions]. If you are ordinarily resident in Scotland on the relevant date having moved from somewhere else in the UK or the Islands to undertake a course then you are considered to be ordinarily resident in that other place and not in Scotland.
Eligibility for 'RUK' fee
If, on the relevant date, you are ordinarily resident, or considered to be ordinarily resident, somewhere in the UK other than Scotland then you will be eligible for the middle ('RUK') rate of fee (not the ‘home’ rate) provided that you meet the other requirements of this category.
Students from the Channel Islands and the Isle of Man (the ‘Islands’)
If you are ordinarily resident, or considered to be ordinarily resident, in the Islands then check with your institution about what fee rate they will charge you because they might have a special 'Islands' rate.
This category is our interpretation of provisions in Schedule 1 paragraph 8 of the fees regulations.
To be eligible for ‘home’ fees under this category, you must meet all of the following criteria:
(a) you must be a young asylum seeker or the child of an asylum seeker. The regulations use the term “young asylum seeker” to mean an unaccompanied asylum-seeking child; and
(b) you must be living in Scotland on the relevant date [see Definitions]; and
(c) you must have been living in Scotland for the three-year period immediately before the relevant date; and
(d) you must have been under 18 years old on the date when you or your parent applied for asylum, and that application must have been made before 1 December 2006; and
(e) you must be under 25 years old on the relevant date.
This category is our interpretation of provisions in Schedule 1 paragraph 10 of the fees regulations.
To be eligible for ‘home’ fees under this category, you must meet all of the following criteria:
(a) you must be a ‘person with protected rights’ [see Definitions]. If you have pre-settled status or settled status under the EU Settlement Scheme, you will automatically be considered to be a ‘person with protected rights’;
and
(b) you must
- be an EU national [see Definitions]; or
- be the family member an EU national. The regulations say that, for this provision, a family member can include someone who is the 'family member of a relevant person of Northern Ireland' [see Definitions];
and
(c) you must have been ordinarily resident in the area comprising the UK and Islands, Gibraltar, the EEA and Switzerland throughout the period of three years immediately preceding the relevant date [see Definitions for an explanation of some of these terms]; and
(d) the main purpose of your residence in that area must not have been to receive full-time education during any part of the three-year period.
Saving provision for those who fail the ordinary residence test
You will be treated as having been ordinarily resident in the relevant area for the three-year period if you were born, and spent the greater part of your life, in the relevant area and
- your parents, or either of them, have been ordinarily resident in the relevant area throughout the three-year period and you are not an independent student; or
- you have been ordinarily resident in the relevant area for at least one year of the specified period.
You are an ‘independent student’ if, prior to the relevant date:
- you are aged 25 years or over; or
- you are married or in a civil partnership; or
- you have no parent living; or
- you had the care of a person under the age of 18 years who was wholly or mainly financially dependent upon you; or
- you have been self-supporting out of your earnings for periods aggregating not less than 3 years. You may need to seek advice about whether you can be assessed as having been ‘self-supporting’. This is explained in the Schedule 2 paragraph 3(2) of the fees regulations.
Provision for a UK national and/or a family member of a UK national?
We will be querying with the Scottish Government whether it is possible for a UK national, and/or the family member of a UK national, to be eligible under this category.
It appears from the wording in the regulations that the Scottish Government intends to provide for
- a UK national who has exercised a right of residence, at any point in the past, for more than three months in another EEA member state / Switzerland as a:
- worker; or
- self-sufficient person; or
- student; or
- family member of a worker/self-sufficient person/student; and
- for a family member of such an UK national.
Additionally, this would only be where that UK national is a dual UK/EU national; that means where they have both UK nationality and some other EU nationality. We are seeking clarity about the wording in the regulations which leaves us unclear about this at present.
Where the student fails the ordinary residence test in sub-paragraph (c)
Where the student is the family member of an EU national, this category no longer provides for the EU national to meet the three-year ordinary residence test on that family member's behalf.
No eligibility for 'RUK' fee
If you meet all the conditions of this category, you will be eligible for the ‘home’ fee. There is no eligibility for the middle rate / 'RUK' fee under this category.
This category is our interpretation of provisions in Schedule 1 paragraph 11 of the fees regulations.
To be eligible for ‘home’ fees under this category, you must meet all of the following criteria:
(a) you must be the child [see Definitions] of a Swiss national; and
(b) you must be entitled to support in the UK by virtue of Article 18(2) of the Swiss Citizens’ Rights Agreement, which says “[regardless of whether or not a Swiss national is, or has been, economically active in the UK] the children of a Swiss national […] shall be admitted to general education, apprenticeships and vocational training courses on the same basis as nationals of the [UK], if those children are living in [the UK]”.
(c) you must have been ordinarily resident in the UK, Islands, Gibraltar, the EEA and Switzerland throughout the period of three years immediately before the relevant date [see Definitions for an explanation of some of these terms]; and
(d) if the main purpose for your residence in the UK, Islands, Gibraltar, the EEA and Switzerland, as in (c) above, was wholly or mainly for the purpose of receiving full-time education, you must have been ordinarily resident in that area immediately before that three-year period.
Saving provision for those who fail the ordinary residence test
You will be treated as having been ordinarily resident in the relevant area for the three-year period if you were born, and spent the greater part of your life, in the relevant area and
- your parents, or either of them, have been ordinarily resident in the relevant area throughout the three-year period and you are not an independent student; or
- you have been ordinarily resident in the relevant area for at least one year of the specified period.
You are an ‘independent student’ if, prior to the relevant date:
- you are aged 25 years or over; or
- you are married or in a civil partnership; or
- you have no parent living; or
- you had the care of a person under the age of 18 years who was wholly or mainly financially dependent upon you; or
- you have been self-supporting out of your earnings for periods aggregating not less than 3 years. You may need to seek advice about whether you can be assessed as having been ‘self-supporting’. This is explained in the Schedule 2 paragraph 3(2) of the fees regulations.
Swiss national and child must both have pre-settled status or settled status
The Scottish Government requires that the Swiss national parent was living in the UK before the end of 2020 and has been granted pre-settled status, or settled status, under the EU Settlement Scheme. The child of a Swiss national must also have pre-settled status, or settled status, under the EU Settlement Scheme but can have joined their parent(s) after 31 December 2020. These provisions are made clear in the Scottish Government's guidance for fees assessment. See EU Residence Guide - Tuition Fee Status of Students Starting Studies in 2021-22 (download, version 5, October 2021). This is fees assessment guidance, published on behalf of the Scottish Government by Student Awards Agency Scotland (SAAS).
No eligibility for 'RUK' fee
If you meet all the conditions of this category, you will be eligible for the ‘home’ fee. There is no eligibility for the middle rate / 'RUK' fee under this category.
This category is our interpretation of provisions in Schedule 1 paragraph 12 of the fees regulations.
If you are studying in the UK on the basis of a formal student exchange, between your institution in your own country and your UK place of study, you may not have to pay any fees directly to the UK institution. However, if you do have to pay fees, these should be at the ‘home’ rate.
No eligibility for 'RUK' fee
If you meet all the conditions of this category, you will be eligible for the ‘home’ fee. There is no eligibility for the middle rate / 'RUK' fee under this category.
This category is our interpretation of provisions in Schedule 1 paragraph 13 of the fees regulations.
To be eligible for ‘home’ fees under this category, you must meet all of the following criteria:
(a) you must be the child [see Definitions] of a Turkish national; and
(b) your Turkish national parent must be ordinarily resident in Scotland and must be, or have been, lawfully employed in the UK [see Definitions for an explanation of some of these terms]; and
(c) both you and your Turkish national parent must have been ordinarily resident in the UK before 11pm on 31 December 2020; and
(d) you must be ordinarily resident in Scotland on the relevant date [see Definitions]; and
(e) you must have been ordinarily resident in the UK, Islands, Gibraltar and in the territory comprising the EEA [see Definitions], Switzerland and Turkey for the three years immediately prior to the relevant date.
Saving provision for those who fail the ordinary residence test
You will be treated as having been ordinarily resident in the relevant area for the three-year period if you were born, and spent the greater part of your life, in the relevant area and
- your parents, or either of them, have been ordinarily resident in the relevant area throughout the three-year period and you are not an independent student; or
- you have been ordinarily resident in the relevant area for at least one year of the specified period.
You are an ‘independent student’ if, prior to the relevant date:
- you are aged 25 years or over; or
- you are married or in a civil partnership; or
- you have no parent living; or
- you had the care of a person under the age of 18 years who was wholly or mainly financially dependent upon you; or
- you have been self-supporting out of your earnings for periods aggregating not less than 3 years. You may need to seek advice about whether you can be assessed as having been ‘self-supporting’. This is explained in the Schedule 2 paragraph 3(2) of the fees regulations.
Eligibility for 'RUK' fee
If, on the relevant date, you are ordinarily resident somewhere in the UK other than Scotland then you will be eligible for the middle ('RUK') rate of fee (not the ‘home’ rate) provided that you meet the other requirements of this category.
This category is our interpretation of provisions in Schedule 1 paragraph 13A of the fees regulations.
To be eligible for ‘home’ fees under this category, you must meet all of the following criteria:
(a) you must be an Irish national; and
(b) you must be settled in the UK on the relevant date [see Definitions for an explanation of some of these terms]; and
(c) you must be ordinarily resident [see Definitions] in Scotland on the relevant date; and
(d) you must have been ordinarily resident in the territory comprised of the UK, Islands and the Republic of Ireland for the three years immediately prior to the relevant date.
Saving provision for those who fail the ordinary residence test
You will be treated as having been ordinarily resident in the relevant area for the three-year period if you were born, and spent the greater part of your life, in the relevant area and
- your parents, or either of them, have been ordinarily resident in the relevant area throughout the three-year period and you are not an independent student; or
- you have been ordinarily resident in the relevant area for at least one year of the specified period.
You are an ‘independent student’ if, prior to the relevant date:
- you are aged 25 years or over; or
- you are married or in a civil partnership; or
- you have no parent living; or
- you had the care of a person under the age of 18 years who was wholly or mainly financially dependent upon you; or
- you have been self-supporting out of your earnings for periods aggregating not less than 3 years. You may need to seek advice about whether you can be assessed as having been ‘self-supporting’. This is explained in the Schedule 2 paragraph 3(2) of the fees regulations.
Eligibility for 'RUK' fee
If, on the relevant date, you are ordinarily resident somewhere in the UK other than Scotland then you will be eligible for the middle ('RUK') rate of fee (not the ‘home’ rate) provided that you meet the other requirements of this category.
The Scottish Government has also made provision, in guidance-only, for the following groups to be eligible for the 'RUK' fee (but not the 'home' fee):
- UK nationals and their family members living in the EEA or Switzerland on 31 December 2020 (or living in the UK immediately following a period of residence in the EEA or Switzerland), who lived in another part of the UK before moving there, and who have lived in the EEA or Switzerland for the 3 years prior to the relevant date. They must be ordinarily resident in Scotland on the relevant date.
- UK nationals living in the EEA or Switzerland for at least 3 years prior to the relevant date and who lived there between 31 December 2020 and the relevant date, but who did not live in the UK before moving there. They must be ordinarily resident in Scotland on the relevant date.
- Non-UK national family members of UK nationals living in the EEA or Switzerland for at least 3 years prior to the relevant date, whether or not they lived in the UK before moving there. They must be ordinarily resident in Scotland on the relevant date.
- UK nationals or EU nationals with a right of residence under the Withdrawal Agreement, ordinarily resident in Gibraltar on the relevant date and who have lived in the UK, EEA or Switzerland for at least 3 years prior to the relevant date.
In all cases, the course must start before 31 July 2028.
These extra provisions are made in the Scottish Government's guidance for fees assessment. See EU Residence Guide - Tuition Fee Status of Students Starting Studies in 2021-22 (download, version 5, October 2021). This is fees assessment guidance, published by Scottish Government via SAAS. This is fees assessment guidance, published on behalf of the Scottish Government by Student Awards Agency Scotland (SAAS).
These extra provisions are also made in SAAS web information on the 'EU Tuition fee loan' [which is referred to from the SAAS publication UK, EU, EEA and Swiss nationals residence conditions Academic Year 2021-2022 (New students or current students undertaking a course change)]. This is Student Support guidance but it contains information which impacts fee status assessments.
