Higher education (HE) courses include HNC and HND courses, undergraduate degrees (for example, BA, BSc, BEd), and postgraduate degrees (for example, MA, MSc, PhD).
The rules about who pays ‘home’ fees for higher education courses in Wales are set by the Welsh Government (they are not set by UKCISA). They are set out in the following sets of regulations:
The regulations identify all the different ‘categories’ of student who can insist on paying the ‘home’ rate of fee. They set out all the requirements you need to meet, to fit one those categories.
If you meet all the criteria required by any one category, including any residence requirements, your institution must charge you the ‘home’ fee rate. You only need to find one category that you fit into (if you fit more than one, that is not a problem).
The regulations can be difficult to understand, so UKCISA has provided this information to help you.
There are lots of different categories to look at. Most of them are described in this pdf guide:
The remaining categories are for very niche groups. They are described below, numbered 1 to 10b - open up the section if you think one of them might apply to you.
This category changes for academic years that start on/after 1 August 2021. For academic years that start on/after 1 August 2021, people with humanitarian protection are excluded from this category, and given a new category - category 10. So if you have humanitarian protection, or you are the family member of someone with humanitarian protection, and you are looking for information about an academic year that starts on/after 1 August 2021, see if you fit category 10 instead.
In order to qualify for ‘home’ fees under this category, you must meet all of the following criteria:
(a) you must be ordinarily resident in the UK on the first day of the first academic year of the course; and
(b) on the first day of the academic year you are paying fees for, you must be:
1. a "person with leave to enter or remain", which means a person:
- who has -
- been granted leave to remain (not leave to enter) on the grounds of family life under the immigration rules - importantly this includes anyone with leave to remain granted under Appendix FM of the immigration rules (note that this whole group is a new group, so people in this group will only qualify for ‘home’ fees for academic years that actually start on or after 1 August 2019); or
- been granted leave to remain on the grounds of private life under the immigration rules; or
- been informed by the Home Office that although he/she is not considered to qualify for leave to remain on the grounds of private or family life under the immigration rules, he/she has been granted leave to remain outside the immigration rules on the grounds of Article 8 of the European Convention on Human Rights; or
- applied for refugee status but has, as a result of that application, been informed by the Home Office that, although he/she is considered not to qualify for recognition as a refugee, it is thought right to allow him/her to enter or remain in the UK on the grounds of discretionary leave, and who has been granted leave to enter or remain accordingly; or
- not applied for refugee status but has been informed by the Home Office that it is thought right to allow him/her to enter or remain in the UK on the grounds of discretionary leave, and who has been granted leave to enter or remain accordingly; or
- (note that this final option only applies in academic years that start before 1 August 2021) applied for refugee status but has, as a result of that application, been informed by the Home Office that, although he/she is considered not to qualify for recognition as a refugee, it is thought right to allow him/her to enter or remain in the UK on the grounds of humanitarian protection, and who has been granted leave to enter or remain accordingly; and
- whose period of leave to enter or remain has not expired, or has been renewed and the period for which it was renewed has not expired, or in respect of whose leave to enter or remain an appeal is pending; and
- who has been ordinarily resident in the UK and Islands throughout the period since he/she was granted leave to enter or remain;
or
2. the spouse or civil partner of a “person with leave to enter or remain” (look above for the definition). You must have been their spouse or civil partner at the time they made the application that resulted in them being given their leave;
or
3. the child of either:
- a “person with leave to enter or remain” (look above for the definition). You must have been their child at the time they made the application that resulted in them being given their leave, and under 18 on that date; or
- the spouse or civil partner of a “person with leave to enter or remain” (look above for the definition). At the time when the “person with leave to enter or remain” made the application that resulted in them being given their leave:
- they must have been the spouse or civil partner; and
- you must have been the child of the spouse or civil partner; and
- you must have been under 18.
Becoming eligible
You, your parent (or your parent's spouse / civil partner), or your own spouse / civil partner might be granted Appendix FM leave, private or family life leave, Article 8 leave or discretionary leave after the start of the course. If that happens, seek advice about whether you have become eligible for ‘home’ fees.
Notes
The leave to enter or leave to remain might have an expiry date. If the person makes an application to extend or change their leave before it expires, and that application is not decided before the expiry date, then immigration law dictates that they carry on being treated as a “person with leave to enter or remain” while they wait for a decision to be made (and if their application is refused, then also while they wait for an appeal or administrative review of the decision). They count as a “person with leave to enter or remain” for fee assessment purposes during all of that time.
Changes to this category summary
An explanation of the situation for people with family life leave was added to this category summary on 25 September 2019, and for people with Appendix FM leave on 20 December 2019. An explanation about a new category for people with humanitarian protection was added to this category summary on 26 June 2021.
This category is only for academic years that start on/after 1 August 2021.
In order to qualify for ‘home’ fees under this category, you must meet all of the following criteria:
(a) you must be ordinarily resident in the UK on the first day of the first academic year of the course;
AND
(b) on the first day of the academic year you are paying fees for, you must fit 1 or 2:
- a person with leave to enter or remain (for a limited period, or an indefinite period) as a victim of domestic violence or domestic abuse, under any of the following provisions of the Immigration Rules: paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse; paragraphs 289B or 289D; Appendix FM paragraphs D-DVILR 1.1 or D-DVILR 1.2; Appendix Armed Forces paragraphs 40 or 41; and:
- you have been ordinarily resident in the UK and Islands throughout the period since being given your leave as a victim of domestic violence or domestic abuse
- the child of a person with leave to enter or remain as a victim of domestic violence or domestic abuse (under any of the following provisions of the Immigration Rules: paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse; paragraphs 289B or 289D; Appendix FM paragraphs D-DVILR 1.1 or D-DVILR 1.2; Appendix Armed Forces paragraphs 40 or 41). You must have been their child at the time they made the immigration application that resulted in their leave as a victim of domestic violence or domestic abuse, and under 18 on that date; and
- you must have been ordinarily resident in the UK and Islands throughout the period since being given your own leave to enter or remain
AND
(c) you must be ordinarily resident in the UK and Islands on the first day of the academic year you are paying fees for
Expiry date for leave as a victim of domestic violence or domestic abuse
The leave as a victim of domestic violence or domestic abuse might have an expiry date. If the person makes an application to extend or change their leave before it expires, and that application is not decided before the expiry date, then immigration law dictates that they carry on being treated as a person with leave as a victim of domestic violence or domestic abuse while they wait for a decision to be made (and if their application is refused, then also while they wait for an appeal or administrative review of the decision). They count as a ‘person with leave to enter or remain as a victim of domestic violence or domestic abuse’ for fee assessment purposes during all of that time.
Official name for the category
In the regulations, the category you qualify under is the one called ‘Persons granted leave to enter or remain as a protected partner and their children’. It also covers people with leave to enter or remain as bereaved partners, but we talk about that group separately on this page, to make things simpler.
Don’t get confused between this category and other ones that have the word ‘protected’ in them – the word crops up in lots of other categories too, like the ones for ‘Protected persons and their family members’, and ‘persons with protected rights’.
Becoming eligible
If you are, or if your parent is, granted leave as a victim of domestic violence or domestic abuse 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.
This category is only for academic years that start on/after 1 August 2021.
In order to qualify for ‘home’ fees under this category, you must meet all of the following criteria:
(a) you must be ordinarily resident in the UK on the first day of the first academic year of the course;
AND
(b) on the first day of the academic year you are paying fees for, you must fit 1 or 2:
- a person with leave to enter or remain (for a limited period, or an indefinite period) as a bereaved partner, under any of the following provisions of the Immigration Rules: Appendix Bereaved Partner paragraph BP 11.1; paragraphs 287(b) and 288; Appendix FM paragraphs D-BPILR 1.1 or D-BPILR 1.2; Appendix Armed Forces paragraphs 36 or 37; paragraphs 295M and 295N; and:
- you have been ordinarily resident in the UK and Islands throughout the period since being given your leave as a bereaved partner
- the child of a person with leave to enter or remain as a bereaved partner (under any of the following provisions of the Immigration Rules: Appendix Bereaved Partner paragraph BP 11.1; paragraphs 287(b) and 288; Appendix FM paragraphs D-BPILR 1.1 or D-BPILR 1.2; Appendix Armed Forces paragraphs 36 or 37; paragraphs 295M and 295N). You must have been their child at the time they made the immigration application that resulted in their leave as a bereaved partner, and under 18 on that date; and
- you must have been ordinarily resident in the UK and Islands throughout the period since being given your own leave to enter or remain
AND
(c) you must be ordinarily resident in the UK and Islands on the first day of the academic year you are paying fees for
Expiry date for leave as a bereaved partner
The leave as a bereaved partner might have an expiry date. If the person makes an application to extend or change their leave before it expires, and that application is not decided before the expiry date, then immigration law dictates that they carry on being treated as a person with leave as a bereaved partner while they wait for a decision to be made (and if their application is refused, then also while they wait for an appeal or administrative review of the decision). They count as a ‘person with leave to enter or remain as a bereaved partner’ for fee assessment purposes during all of that time.
Official name for the category
In the regulations, the category you qualify under is the one called ‘Persons granted leave to enter or remain as a protected partner and their children’. It also covers people with leave to enter or remain as a victim of domestic violence or domestic abuse, but we talk about that group separately on this page, to make things simpler.
Don’t get confused between this category and other ones that have the word ‘protected’ in them – the word crops up in lots of other categories too, like the ones for ‘Protected persons and their family members’, and ‘persons with protected rights’.
Becoming eligible
If you are, or if your parent is, granted leave as a bereaved partner 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.
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:
1. is recognised as a refugee by the UK Government; and
2. is ordinarily resident in the UK and Islands and has not ceased to be so resident since he or she was recognised as a refugee; and
3. is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.
or
(b) you must be a person who:
1. is the spouse or civil partner of someone who is recognised as a refugee by the UK Government; and
2. was the spouse or civil partner of the refugee on the date on which the refugee made his or her application for asylum; and
3. is ordinarily resident in the UK and Islands and has not ceased to be so resident since he or she was given leave to remain in the UK; and
4. is ordinarily resident in the UK on the first day of the first academic year of the course.
or
(c) you must be a person who:
1. is the child of someone who is recognised as a refugee by the UK Government, or the child of the spouse or civil partner of a refugee; and
2. on the date on which the refugee made his or her application for asylum, was:
- the child of the refugee; or
- the child of a person who was the spouse or civil partner of the refugee;
and
3. who was under 18 on the date on which the refugee made his or her application for asylum; and
4. who is ordinarily resident in the UK and Islands and has not ceased to be so resident since he or she was given leave to remain in the UK; and
5. who is ordinarily resident in the UK on the first day of the first academic year of the course.
Becoming eligible
If you are, or if your parent (or your parent's spouse / civil partner) is, or your own spouse / civil partner is, recognised as a refugee 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.
Refugee Status: where someone gains British citizenship
The Immigration Rules revoke someone's Refugee Status once s/he 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.
This category is for any academic years of your course that start on/after 1 August 2021. For academic years that start before 1 August 2021, see if you can use category 11 instead.
In order to qualify for ‘home’ fees under this category, you must meet all of the following criteria:`
(a) you must be ordinarily resident in the UK on the first day of the first academic year of the course;
AND
(b) on the first day of the academic year you are paying fees for, you must fit 1 or 2 or 3:
- a person with leave to enter or remain on the grounds of humanitarian protection; and:
- you have been ordinarily resident in the UK and Islands throughout the period since being given your humanitarian protection
- the spouse or civil partner of someone who has leave to enter or remain on the grounds of humanitarian protection; and:
- you were the spouse or civil partner of that person on the date on which they made the immigration application that resulted in their humanitarian protection; and
- you have been ordinarily resident in the UK and Islands throughout the period since being given your own leave to enter or remain
- the child of either:
- a person with leave to enter or remain on the grounds of humanitarian protection. You must have been their child at the time they made the immigration application that resulted in their humanitarian protection, and under 18 on that date; or
- the spouse or civil partner of someone who has leave to enter or remain on the grounds of humanitarian protection. At the time when the person with humanitarian protection made the immigration application that resulted in their humanitarian protection:
- they must have been the spouse or civil partner; and
- you must have been the child of the spouse or civil partner; and
- you must have been under 18
And in the case of both the two large bullet points above, you (the child) must have been ordinarily resident in the UK and Islands throughout the period since being given your own leave to enter or remain
AND
(c) you must be ordinarily resident in the UK and Islands on the first day of the academic year you are paying fees for
Expiry date for leave on grounds of humanitarian protection
The leave to enter or remain might have an expiry date. If the person makes an application to extend or change their leave before it expires, and that application is not decided before the expiry date, then immigration law dictates that they carry on being treated as a person with leave to enter or remain on the grounds of humanitarian protection while they wait for a decision to be made (and if their application is refused, then also while they wait for an appeal or administrative review of the decision). They count as a ‘person with leave to enter or remain on the grounds of humanitarian protection’ for fee assessment purposes during all of that time.
Official name for the category
In the regulations, the category you qualify under is the one called ‘Protected persons and their family members’. It also covers people with stateless leave, section 67 leave, Calais leave, and leave under the Afghan Schemes, but we talk about those groups separately on this page, to make things simpler.
Don’t get confused between this category and other ones that have the word ‘protected’ in them – the word crops up in lots of other categories too, like the ones for ‘Persons granted leave to remain as a protected partner and their children’, and ‘persons with protected rights’.
Becoming eligible
If you are, or if your parent (or your parent’s spouse / civil partner) is, or if your own spouse / civil partner is, granted humanitarian protection 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.
This category was added to the regulations with effect from 30 July 2018.
In order to qualify for ‘home’ fees under this category, you must meet all of the following criteria:
(a) you must be ordinarily resident in the UK on the first day of the first academic year of the course;
AND
(b) on the first day of the academic year you are paying fees for, you must fit 1 or 2 or 3:
- a person with leave to remain as a stateless person under the immigration rules; and:
- you have been ordinarily resident in the UK and Islands throughout the period since being given your leave to remain as a stateless person
- the spouse or civil partner of someone who has leave to remain as a stateless person; and:
- you were the spouse or civil partner of that person on the date on which they made the immigration application that resulted in their stateless leave; and
- you have been ordinarily resident in the UK and Islands throughout the period since being given your own leave to enter or remain (but this particular requirement does not apply for academic years that start before 1 August 2021)
- the child of either:
- a person with leave to remain as a stateless person. You must have been their child at the time they made the immigration application that resulted in their stateless leave, and under 18 on that date; or
- the spouse or civil partner of someone who has leave to remain as a stateless person. At the time when the person with stateless leave made the immigration application that resulted in their stateless leave:
- they must have been the spouse or civil partner; and
- you must have been the child of the spouse or civil partner; and
- you must have been under 18
And in the case of both the two large bullet points above, you (the child) must have been ordinarily resident in the UK and Islands throughout the period since being given your own leave to enter or remain (However, if you are paying fees for an academic year that you start before 28 January 2021 then the requirement is different, it is as follows: the person with stateless leave must have been ordinarily resident in the UK and Islands throughout the period since being given their stateless leave)
AND
(c) you must be ordinarily resident in the UK and Islands on the first day of the academic year you are paying fees for (However, if you are paying fees for an academic year that you start before 28 January 2021 then the requirement is different, it is as follows: you must have been ordinarily resident in the UK and Islands for three years before the first day of the first academic year of the course)
Expiry date for leave to remain as a stateless person
The leave to remain might have an expiry date. If the person makes an application to extend or change their leave before it expires, and that application is not decided before the expiry date, then immigration law dictates that they carry on being treated as a person with leave to remain as a stateless person while they wait for a decision to be made (and if their application is refused, then also while they wait for an appeal or administrative review of the decision). They count as a ‘person with leave to remain as a stateless person’ for fee assessment purposes during all of that time.
Official name for the category
In the regulations, the category you qualify under is the one called ‘Protected persons and their family members’. It also covers people with humanitarian protection, section 67 leave, Calais leave, and leave under the Afghan Schemes, but we talk about those groups separately on this page, to make things simpler.
Don’t get confused between this category and other ones that have the word ‘protected’ in them – the word crops up in lots of other categories too, like the ones for ‘Persons granted leave to remain as a protected partner and their children’, and ‘persons with protected rights’.
Becoming eligible
If you are, or if your parent (or your parent’s spouse / civil partner) is, or if your own spouse / civil partner is, granted stateless leave 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.
Changes to this category
This category changed on 28 January 2021, to remove any requirement for three years’ residence before the start of the course.
This category is only for academic years that start on/after 1 August 2019.
In order to qualify for ‘home’ fees under this category, you must meet all of the following criteria:
(a) you must be ordinarily resident in the UK on the first day of the first academic year of the course;
AND
(b) on the first day of the academic year you are paying fees for, you must fit 1 or 2:
- a person with section 67 of the Immigration Act 2016 leave to remain (for a limited period, or an indefinite period); and:
- you have been ordinarily resident in the UK and Islands throughout the period since being given your section 67 leave to remain
- the child of a person with section 67 leave to remain. You must have been their child at the time they made the immigration application that resulted in their section 67 leave to remain, and under 18 on that date; and
- you must have been ordinarily resident in the UK and Islands throughout the period since being given your own leave to enter or remain (However, if you are paying fees for an academic year that you start before 28 January 2021 then the requirement is different, it is as follows: the person with section 67 leave to remain must have been ordinarily resident in the UK and Islands throughout the period since being given their section 67 leave to remain)
AND
(c) you must be ordinarily resident in the UK and Islands on the first day of the academic year you are paying fees for (However, if you are paying fees for an academic year that you start before 28 January 2021 then the requirement is different, it is as follows: you must have been ordinarily resident in the UK and Islands for three years before the first day of the first academic year of the course)
Expiry date for section 67 leave
The leave to remain might have an expiry date. If the person makes an application to extend or change their leave before it expires, and that application is not decided before the expiry date, then immigration law dictates that they carry on being treated as a person with section 67 leave while they wait for a decision to be made (and if their application is refused, then also while they wait for an appeal or administrative review of the decision). They count as a ‘person with section 67 of the Immigration Act 2016 leave to remain’ for fee assessment purposes during all of that time.
Official name for the category
In the regulations, the category you qualify under is the one called ‘Protected persons and their family members’. It also covers people with humanitarian protection, stateless leave, Calais leave, and leave under the Afghan Schemes, but we talk about those groups separately on this page, to make things simpler.
Don’t get confused between this category and other ones that have the word ‘protected’ in them – the word crops up in lots of other categories too, like the ones for ‘Persons granted leave to remain as a protected partner and their children’, and ‘persons with protected rights’.
Becoming eligible
If you are, or if your parent is, granted section 67 leave 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.
Changes to this category
This category changed on 28 January 2021, to remove any requirement for three years’ residence before the start of the course.
This category is only for academic years that start on/after 1 August 2021.
In order to qualify for ‘home’ fees under this category, you must meet all of the following criteria (a, b, c and d):
(a) you must be ordinarily resident in the UK on the first day of the first academic year of the course
(b) on the first day of the academic year you are paying fees for, you must be a person with “leave to remain under paragraph 352J, 352K, 352L or 352T of the immigration rules (Calais leave and ‘leave in line’ granted by virtue of being a dependent child of a person granted Calais leave)”
(c) you must have been ordinarily resident in the UK and Islands throughout the period since being given your Calais leave or ‘leave in line’
(d) you must be ordinarily resident in the UK and Islands on the first day of the academic year you are paying fees for
Expiry date for Calais leave or ‘leave in line’
The leave might have an expiry date. If the person makes an application to extend or change their leave before it expires, and that application is not decided before the expiry date, then immigration law dictates that they carry on being treated as a person with Calais leave or ‘leave in line’ while they wait for a decision to be made (and if their application is refused, then also while they wait for an appeal or administrative review of the decision). They count as a ‘person with Calais leave or leave in line’ for fee assessment purposes during all of that time.
Official name for the category
In the regulations, the category you qualify under is the one called ‘Protected persons and their family members’. It also covers people with humanitarian protection, stateless leave, section 67 leave, and leave under the Afghan Schemes, but we talk about those groups separately on this page, to make things simpler.
Don’t get confused between this category and other ones that have the word ‘protected’ in them – the word crops up in lots of other categories too, like the ones for ‘Persons granted leave to remain as a protected partner and their children’, and ‘persons with protected rights’.
Becoming eligible
If you are granted Calais leave or ‘leave in line’ 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.
The requirements for this category were different in academic years that started before 1 August 2024. So it is important you look at category 9b too, if you started before 1 August 2024.
In order to qualify for ‘home’ fees under this category, you must meet all of the following criteria:
(a) you must be ordinarily resident in the UK on the first day of the first academic year of the course;
and
(b) on the first day of the academic year you are paying fees for, you must fit 1 or 2 or 3:
1. a "person with leave under the Afghan Schemes", which means a person who has any of these four types of leave (if you fit one, you can ignore the other three entirely):
- indefinite leave to enter or indefinite leave to remain in the UK, outside the immigration rules, on the basis of the Afghan Citizens Resettlement Scheme
- indefinite leave to enter or indefinite leave to remain granted to you under the immigration rules for the Afghan Relocations and Assistance Policy because of your own work in Afghanistan (not the work of a partner or parent). Note that leave on the basis of the Afghanistan Locally Employed Ex-Gratia Scheme does not count for this (but see the section below headed "If a biometric residence permit shows ALES" for an important warning)
- indefinite leave to enter or indefinite leave to remain in the UK granted to you before 30 November 2022 under the immigration rules for the Afghan Relocations and Assistance Policy or the Afghanistan Locally Employed Staff Ex-Gratia Scheme (it does not matter whether the leave was granted to you as the primary person, or as a partner or child, as long as it was granted under the immigration rules for one of those two schemes)
- leave to enter / indefinite leave to enter / indefinite leave to remain in the UK, outside the immigration rules, on the basis of the Afghan Relocations and Assistance Policy Scheme. Note that leave on the basis of the Afghanistan Locally Employed Ex-Gratia Scheme does not count for this (but see the section below headed "If a biometric residence permit shows ALES" for an important warning)
2. the spouse or civil partner of a "person with leave under the Afghan Schemes" (look above for the definition); and:
- you were the spouse or civil partner of that person on the date on which they made the immigration application that resulted in their leave under the Afghan Schemes
3. the child of either:
- a "person with leave under the Afghan Schemes" (look above for the definition). You must have been their child at the time they made the immigration application that resulted in their leave under the Afghan Schemes, and under 18 on that date; or
- the spouse or civil partner of someone who has leave under the Afghan Schemes. At the time when the person with leave under the Afghan Schemes made the immigration application that resulted in their leave under the Afghan Schemes:
- they must have been the spouse or civil partner; and
- you must have been the child of the spouse or civil partner; and
- you must have been under 18
and
(c) you must have been ordinarily resident in the UK and Islands throughout the period since you were granted your leave;
and
(d) you must be ordinarily resident in the UK and Islands on the first day of the academic year you are paying fees for
If a biometric residence permit shows 'ALES'
The letters 'ALES' are used on the biometric residence permits of two different groups of people:
- People granted leave on the basis of the Afghan Relocations and Assistance Policy Scheme
- People granted leave on the basis of the Afghanistan Locally Employed Staff Ex-Gratia Scheme
The Home Office confirmed this to UKCISA.
So if you have leave on the basis of the Afghan Relocations and Assistance Policy Scheme, do not just show your biometric residence permit. Show a letter or other document from a UK government department (for example, the Ministry of Defence or the Home Office) that mentions both the 'Afghan Relocations and Assistance Policy Scheme' (or 'ARAP') and your name. This will act as confirmation that the leave was granted on the basis of that scheme.
Make sure you emphasise to the fee assessor from the beginning that the leave was issued on the basis of the Afghan Relocations and Assistance Policy Scheme and not the Afghanistan Locally Employed Staff Ex-Gratia Scheme. You might want to send them a link to this paragraph, too.
Expiry date for your leave (immigration permission)
The leave (immigration permission) might have an expiry date. If the person makes an application to extend or change their leave before it expires, and that application is not decided before the expiry date, then immigration law dictates that they carry on being treated as a person with that type of leave while they wait for a decision to be made (and if their application is refused, then also while they wait for an appeal or administrative review of the decision). They count as a person with that leave for fee assessment purposes during all of that time.
Becoming eligible
If one of the four types of leave is granted 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.
The requirements for this category will change on 1 August 2024. So look at category 9a too, for information about fees for academic years that start on or after 1 August 2024.
In order to qualify for ‘home’ fees under this category, you must meet all of the following criteria:
(a) you must be ordinarily resident in the UK on the first day of the first academic year of the course; and
(b) on the first day of the academic year you are paying fees for, you must be a person with any one of these five types of leave:
- indefinite leave to enter or indefinite leave to remain in the UK, outside the immigration rules, on the basis of the Afghan Citizens Resettlement Scheme
- indefinite leave to enter or indefinite leave to remain in the UK, outside the immigration rules, which was granted to you as:
- the spouse / civil partner / dependent child of a person who was granted indefinite leave on the basis of the Afghan Citizens Resettlement Scheme; or
- the dependent child of the spouse / civil partner of a person who was granted indefinite leave on the basis of the Afghan Citizens Resettlement Scheme (but the spouse / civil partner must also have been granted indefinite leave)
- leave to enter / indefinite leave to enter / indefinite leave to remain in the UK, outside the immigration rules, on the basis of the Afghan Relocations and Assistance Policy Scheme (note that leave on the basis of the ‘Afghanistan Locally Employed Staff Ex-Gratia Scheme’ does not count for this)
- indefinite leave to enter or indefinite leave to remain in the UK granted to you under the immigration rules for the Afghan Relocations and Assistance Policy or the Afghanistan Locally Employed Staff Ex-Gratia Scheme (it does not matter whether the leave was granted to you as the primary person, or as a partner or child, as long as it was granted under the immigration rules for one of those two schemes)
- leave to enter the UK granted to you under the immigration rules for the Afghan Relocations and Assistance Policy or the Afghanistan Locally Employed Staff Ex-Gratia Scheme as a partner or child
and
(c) you must have been ordinarily resident in the UK and Islands since you were granted such leave; and
(d) you must be ordinarily resident in the UK and Islands on the first day of the academic year you are paying fees for
Expiry date for your leave (immigration permission)
The leave (immigration permission) might have an expiry date. If the person makes an application to extend or change their leave before it expires, and that application is not decided before the expiry date, then immigration law dictates that they carry on being treated as a person with that type of leave while they wait for a decision to be made (and if their application is refused, then also while they wait for an appeal or administrative review of the decision). They count as a person with that leave for fee assessment purposes during all of that time.
Official name for the category
In the regulations, the category you qualify under is the one called ‘Protected persons and their family members’. It also covers people with humanitarian protection, stateless leave, section 67 leave and Calais leave, but we talk about those groups separately on this page, to make things simpler.
Don’t get confused between this category and other ones that have the word ‘protected’ in them – the word crops up in lots of other categories too, like the ones for ‘Persons granted leave to remain as a protected partner and their children’, and ‘persons with protected rights’.
Becoming eligible
If you are granted one of the five types of leave 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.
You can use this category for all the academic years that start on/after 1 August 2024, even if you paid 'overseas' fees for an earlier year of the same course.
The requirements for this category were different in academic years that started before 1 August 2024. So it is important you look at category 10b too, if you started before 1 August 2024.
In order to qualify for ‘home’ fees under this category, you must meet all of the following criteria:
(a) you must be ordinarily resident in the UK on the first day of the first academic year of the course;
and
(b) on the first day of the academic year you are paying fees for, you must fit 1 or 2 or 3:
1. a "person with Ukraine protection", which means a person who has any of these four types of leave:
- leave granted under the immigration rules for the Ukraine Extension Scheme
- leave granted under the immigration rules for the Ukraine Family Scheme
- leave granted under the immigration rules for the Homes for Ukraine Sponsorship Scheme
- leave granted outside the immigration rules, but only if both these two bullet points are also true:
- you were residing in Ukraine immediately before 1 January 2022; and
- you left Ukraine in connection with the Russian invasion
2. the spouse or civil partner of a "person with Ukraine protection" (look above for the definition); and:
- you were the spouse or civil partner of that person on the date on which they made the immigration application that resulted in their Ukraine protection; and
- you must be ordinarily resident in the UK and Islands on the first day of the academic year you are paying fees for
3. the child of either:
- a "person with Ukraine protection" (look above for the definition). You must have been their child at the time they made the immigration application that resulted in their Ukraine protection, and under 18 on that date; or
- the spouse or civil partner of someone who has Ukraine protection. At the time when the person with Ukraine protection made the immigration application that resulted in their Ukraine protection:
- they must have been the spouse or civil partner; and
- you must have been the child of the spouse or civil partner; and
- you must have been under 18
And in the case of both the two large bullet points above, you (the child) must be ordinarily resident in the UK and Islands on the first day of the academic year you are paying fees for
and
(c) you must have been ordinarily resident in the UK and Islands throughout the period since you were granted your leave
Expiry date for your leave (immigration permission)
The leave (immigration permission) might have an expiry date. If the person makes an application to extend or change their leave before it expires, and that application is not decided before the expiry date, then immigration law dictates that they carry on being treated as a person with that type of leave while they wait for a decision to be made (and if their application is refused, then also while they wait for an appeal or administrative review of the decision). They count as a person with that leave for fee assessment purposes during all of that time.
Becoming eligible
If one of the four types of leave is granted 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.
You can use this category for all the academic years that start on/after 1 August 2022, even if you paid 'overseas' fees for an earlier year of the same course. The category did not exist for academic years that started before 1 August 2022.
This category will change to become open to spouses, civil partners and children on 1 August 2024. So look at category 10a too, for information about fees for academic years that start on or after 1 August 2024.
In order to qualify for ‘home’ fees under this category, you must meet all of the following criteria:
(a) on the first day of the academic year you are paying fees for, you must be a person with any of these four types of leave:
- leave granted under the immigration rules for the Ukraine Extension Scheme
- leave granted under the immigration rules for the Ukraine Family Scheme
- leave granted under the immigration rules for the Homes for Ukraine Sponsorship Scheme
- leave granted outside the immigration rules, but only if both these two bullet points are also true:
-
- you were residing in Ukraine immediately before 1 January 2022; and
- you left Ukraine in connection with the Russian invasion
and
(b) you must have been ordinarily resident in the UK and Islands since you were granted such leave; and
(c) you must be ordinarily resident in the UK on the first day of the first academic year of the course.
Expiry date for your leave (immigration permission)
The leave (immigration permission) might have an expiry date. If the person makes an application to extend or change their leave before it expires, and that application is not decided before the expiry date, then immigration law dictates that they carry on being treated as a person with that type of leave while they wait for a decision to be made (and if their application is refused, then also while they wait for an appeal or administrative review of the decision). They count as a person with that leave for fee assessment purposes during all of that time.
Becoming eligible
If you are granted one of the four types of leave 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.
Extra options if you started your course before 1 August 2021:
If you started your course before 1 August 2021, you have more options available to you. All the categories described below (at letters A to I) are open to you, as well as the categories described in the pdf guide, and a few of the categories described earlier on this web page (1, 4, 6 and 7).
So if you started your course before 1 August 2021, you have potential to use any of the following categores (if you meet every requirement listed for the particular category):
- the categories described below (at letters A-I)
- the categories described in the pdf guide
- the categories described earlier on this web page that relate to 'persons with leave to enter or remain', refugees, stateless leave and section 67 leave (see numbers 1, 4, 6 and 7)
You have to meet every requirement that is listed for the category you want to use. If there is a requirement listed that says you must start your course after a particular date, check if you meet it.
If you started your course before 1 August 2021:
In order to qualify for 'home' fees under this category, you must have met all of the following criteria:
(a) you must have been settled in the UK on the first day of the first academic year of the course; and
(b) you must have been ordinarily resident in the UK on the first day of the first academic year of the course; and
(c) you must also 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. For example, if your course began in October 2020 you must have been ordinarily resident in the UK and Islands from 1 September 2017 to 31 August 2020; 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 was not necessary to have had settled immigration status in the UK for the full three years. You only needed to show that you had it on, at the latest, the first day of the first academic year of the course.
British Overseas Territories Citizens (BOTCs)
Many British Overseas Territories Citizens (BOTCs) are also British Citizens. If this is your situation, but you were not 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, check Category C. Category C required three years’ ordinary residence in a wider residence area which included the overseas territories.
Students from the Channel Islands and the Isle of Man
If you moved to the UK for your course of study (or a course of study you finished immediately before it), you were treated as being ordinarily resident in the Islands and as not ordinarily resident in the UK. You were therefore unable to meet (b) above. If you are in this position, check with your institution about what fee rate they will charge you (they might have a special 'Islands' rate).
If you started your course on or after 1 August 2021:
This category is being replaced. Do not read the information about this category given above. Instead read the pdf guide (the link is towards the top of this page) about the new categories that replace this one.
This category covers people who are British Citizens, or otherwise settled, and who move from the UK to the EEA/Switzerland, then return to the UK.
If you started your course before 1 August 2021:
Special note: For academic years that start on or after 1 August 2021, you are only allowed to use this category if you previously qualified under one of the following categories for the same course (or for a course you have transferred from):
- Those who are 'settled' n the UK and have exercised a 'right of residence' in the EEA and/or Switzerland
- EU nationals (or British Citizens), and family
- EU nationals in the UK
- EEA/Swiss workers, and family
- Child of a former EEA migrant worker
- Child of a Swiss national
- Child of a Turkish worker
This is because of regulation 4(9)(b) of the Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015.
First, check you are not ruled out by the 'Special note' above. If you are not ruled out by the 'Special note' above, and you started your course before 1 August 2021, then in order to qualify for 'home' fees under this category, you must meet all of the following criteria:
(a) you are settled in the UK; and
(b) you left the UK and exercised a right of residence before 11pm on 31 December 2020, having already been settled in the UK;
Note: The meaning of having "exercised a right of residence" is very limited. It only covers two groups.
- First, British Citizens and their family members who went to the EEA and/or Switzerland exercising European rights of free movement as workers or self-employed people, or as students or self-sufficient people.
- Second, people with the European right of permanent residence in the UK, who either went elsewhere in the EEA and/or Switzerland exercising European rights of free movement as workers or self-employed people, or as students or self-sufficient people or went to the state in the EEA/Switzerland of which they or their family member was 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 UK and/or Switzerland and/or the overseas territories and/or Gibraltar for the three years preceding the first day of the first academic year of the course; 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/UK/Gibraltar immediately before that three-year period.
If you started your course on or after 1 August 2021:
This category has been replaced. Do not read the information about this category given above. Instead read the pdf guide (the link is towards the top of this page) about the new categories.
If you started your course before 1 August 2021:
Special note: For academic years that start on or after 1 August 2021, you are only allowed to use this category if you previously qualified under one of the following categories for the same course (or for a course you have transferred from):
- EU nationals or Britixh Citizens, and family
- EU nationals in the UK
- EEA/Swiss workers, and family
- Child of a former EEA migrant worker
- Child of a Swiss national
- Child of a Turkish worker
- Those who are ‘settled’ in the UK and have exercised a ‘right of residence’ in the EEA/Switzerland
This is because of regulation 4(9)(b) of the Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015.
First, check you are not ruled out by the 'Special note' above. If you are not ruled out by the 'Special note' above, and you started your course before 1 August 2021, then in order to qualify for 'home' fees under this category, you must meet all of the following criteria:
If you are starting your course before 1 August 2021, then in order to qualify for 'home' fees under this category, you must meet all of the following criteria:
(a) on the first day of an academic year of your course, you must be:
- an EU national; or
- a British Citizen; or
- the relevant family member of an EU national, and that EU national is in the UK as a self sufficient person, student, or worker; or
- the relevant family member of a British Citizen;
and
(b) you must have been ordinarily resident in the EEA and/or UK and/or Switzerland and/or the overseas territories and/or Gibraltar for the three years before the first day of the first academic year of the course (if you do not meet this requirement, see the Special Provision below); and
(c) the main purpose of your residence in the EEA/UK/Switzerland/overseas territories/Gibraltar residence area must not have been to receive full-time education during any part of the three-year period (if you do not meet this requirement, see the Special Provision below).
Special Provision about the residence requirement
You do not have to meet the Category C (b) or (c) criteria (above) if:
1) you are the relevant family member of a:
- EU national, and that EU national is in the UK as a self sufficient person, student, or worker; or
- British Citizen, and that British Citizen has exercised a right of residence under EU law in an EU member state for more than three months as a self-sufficient person, student, worker, or a family member accompanying one of these types of people;
and
2) your relevant family member has been ordinarily resident in the EEA and/or UK and/or Switzerland and/or the overseas territories and/or Gibraltar for the three years before the 'first day of the first academic year of the course' that you are studying.
British Overseas Territories Citizens (BOTCs)
Many British Overseas Territory Citizens (BOTCs) are also British Citizens. If this is your situation, then as a British Citizen, you might be eligible under this category provided that you meet the residence requirements at (b) and (c) above.
The easiest way to show you are a British Citizen is to have a passport that lists your nationality as 'British Citizen'. If you do not have one, then the Welsh Government has said in 2021/22 Assessing Eligibility Guidance (paragraph 2.16.3) that any of the following will be acceptable instead:
- a British Overseas Territories Citizen passport issued before 21 May 2002; or
- a British Dependent Territories Citizen passport issued before 21 May 2002; or
- a British Overseas Territories Citizen passport issued on or after 21 May 2002, but only if you also provide evidence that you or your parent was born in a British overseas territory, or evidence that you or your parent was registered or naturalised as a citizen (for example, as a British Subject, a Citizen of the UK and Colonies, a British Citizen, a British Dependent Territories Citizen, or a British Overseas Territories Citizen) before 21 May 2002.
If you started your course on or after 1 August 2021:
This category has been replaced. Do not read the information about this category given above. Instead read the pdf guide (the link is towards the top of this page) for information about the new categories.
If you started your course before 1 August 2021:
Special note: For academic years that start on or after 1 August 2021, you are only allowed to use this category if you previously qualified under one of the following categories for the same course (or for a course you have transferred from):
- 'EU nationals in the UK'
- EU nationals (or British Citizens), and family
- EEA/Swiss workers, and family
- Child of a former EEA migrant worker
- Child of a Swiss national
- Child of a Turkish worker
- Those who are ‘settled’ in the UK and have exercised a ‘right of residence’ in the EEA/Switzerland
This is because of regulation 4(9)(b) of the Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015.
First, check you are not ruled out by the 'Special note' above. If you are not ruled out by the 'Special note' above, and you started your course before 1 August 2021, then in order to qualify for 'home' fees under this category, you must meet all of the following criteria:
(a) you were an EU national on the first day of the first academic year of the course. For this category, being a British Citizen doesn't count; and
(b) you were ordinarily resident 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 for the three-year period, the main purpose for you residing in the UK and Islands was to receive full-time education, you must have been ordinarily resident in the EEA and/or UK and/or Switzerland and/or the overseas territories and/or Gibraltar immediately prior to the three-year period of ordinary residence in the UK and Islands.
If you started your course on or after 1 August 2021:
This category has been replaced. Do not read the information about this category given above. Instead read the pdf guide (the link is towards the top of this page) for information about the new categories.
Special note: This category was removed and replaced on 1 August 2021 (even for people who were already on courses). If you started a course before 1 August 2021 and qualified for 'home' fees on the basis of this category then you can read about the replacement category you will be tested against for later years of your course in the pdf guide (the link to the pdf guide is towards the top of this page) - the category is the one titled '3 years in UK and Islands, EUSS settled status connection'.
For academic years that started before 1 August 2021, in order to qualify for 'home' fees under this category, you needed to meet all of the following criteria, (a, b, c and d):
(a) a requirement about the 'right of permanent residence':
If you started your course before 1 January 2021, then the requirement was that you had the right of permanent residence in the UK under EU law (EU Directive 2004/38) on the first day of an academic year of the course.
If you started your course on or after 1 January 2021 but before 1 August 2021, then the requirement was that:
1. You had the right of permanent residence in the UK under EU law (EU Directive 2004/38) at 10.59pm on 31 December 2020; and
2. One of the following was true on the first day of an academic year of the course:
- You had 'settled status' under the EU Settlement Scheme; or
- Your course started before 1 July 2020; or
- Your course started on or after 1 July 2020 and you had made an application under the EU Settlement Scheme which had not yet been decided, or if it had been refused then you were still appealing against that refusal.
and
(b) you were ordinarily resident in the UK on the 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 for the three-year period, the main purpose for you residing in the UK and Islands was to receive full-time education, you must have been ordinarily resident in the EEA and/or UK and/or Switzerland and/or the overseas territories and/or Gibraltar immediately prior to that three-year period.
If you started your course on or after 1 August 2021:
This category has been replaced. Do not read the information about this category given above. Instead read the pdf guide (the link is towards the top of this page) for information about the new category that replaces this one (it is the one titled '3 years in UK and Islands, EUSS settled status connection').
If you started your course before 1 January 2021:
Special note: For academic years that start on or after 1 August 2021, you are only allowed to use this category if you previously qualified under one of the following categories for the same course (or for a course you have transferred from):
- EEA/Swiss workers, and family
- EU nationals (or British Citizens), and family
- EU nationals in the UK
- Child of a former EEA migrant worker
- Child of a Swiss national
- Child of a Turkish worker
- Those who are ‘settled’ in the UK and have exercised a ‘right of residence’ in the EEA/Switzerland
This is because of regulation 4(9)(b) of the Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015.
First, check you are not ruled out by the 'Special note' above. If you are not ruled out by the 'Special note' above, and you started your course before 1 August 2021, then in order to qualify for 'home' fees under this category, you must meet all of the following criteria:
If you are starting your course before 1 January 2021, then in order to qualify for 'home' fees under this category, you must meet all of the following criteria:
(a) on the first day of an academic year of your course you must be:
and
(b) you must have been ordinarily resident in the UK on the first day of the first academic year of the course (unless you are an EEA or Swiss frontier worker or relevant family member of a frontier worker); and
(c) you must have been ordinarily resident in the EEA and/or UK and/or Switzerland and/or the overseas territories and/or Gibraltar for the three years before the first day of the first academic year of the course.
Note:
- If you fail to meet requirement (c), and you are the family member of an EU national (that is, excluding nationals of Norway, Iceland, Liechtenstein, and Switzerland), see category C (above) for a 'special provision' which allows an EU national to meet the residence requirement on behalf of their student family member.
If you started your course on or after 1 January 2021 but before 1 August 2021:
If you started your course on or after 1 January 2021 but before 1 August 2021, then it seems likely the criteria you need to meet in order to qualify for 'home' fees under this category remain the same, although the regulations are not clear on this yet. We will update this information when the regulations are clear.
If you started your course on or after 1 August 2021:
This category has been replaced. Do not read the information about this category given above. Instead read the pdf guide (the link is towards the top of this page) for information about the new categories.
If you started your course before 1 August 2021:
Special note: For academic years that start on or after 1 August 2021, you are only allowed to use this category if you previously qualified under one of the following categories for the same course (or for a course you have transferred from):
- Child of a Swiss national
- EU nationals (or British Citizens), and family
- EU nationals in the UK
- EEA/Swiss workers, and family
- Child of a former EEA migrant worker
- Child of a Turkish worker
- Those who are ‘settled’ in the UK and have exercised a ‘right of residence’ in the EEA/Switzerland
This is because of regulation 4(9)(b) of the Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015.
First, check you are not ruled out by the 'Special note' above. If you are not ruled out by the 'Special note' above, and you started your course before 1 August 2021, then in order to qualify for 'home' fees under this category, you must meet all of the following criteria:
(a) on the first day of an academic year of your course you must be the child of a Swiss national, and your Swiss parent must be doing something in the UK that would have counted as "exercising a right of residence in the UK under European law" if Brexit had not happened (for example, they are a self-sufficient person, a worker, or a student in the UK); and
(b) you must be ordinarily resident in the UK on the first day of the first academic year of the course; and
(c) you must have been ordinarily resident in the EEA and/or UK and/or Switzerland and/or the overseas territories and/or Gibraltar for the three years before the first day of the first academic year of the course; and
(d) if for the three-year period, the main purpose for you residing in the large area described in (c) was to receive full-time education, you must have been ordinarily resident in the EEA/Switzerland/UK/Gibraltar immediately before that three-year period.
If you started your course on or after 1 August 2021:
This category has been replaced. Do not read the information about this category given above. Instead read the pdf guide (the link is towards the top of this page) for information about the new categories.
If you started your course before 1 August 2021:
Special note: For academic years that start on or after 1 August 2021, you are only allowed to use this category if you previously qualified under one of the following categories for the same course (or for a course you have transferred from):
- Child of a Turkish worker
- EU nationals (or British Citizens), and family
- EU nationals in the UK
- EEA/Swiss workers, and family
- Child of a former EEA migrant worker
- Child of a Swiss national
- Those who are ‘settled’ in the UK and have exercised a ‘right of residence’ in the EEA/Switzerland
This is because of regulation 4(9)(b) of the Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015.
First, check you are not ruled out by the 'Special note' above. If you are not ruled out by the 'Special note' above, and you started your course before 1 August 2021, then in order to qualify for 'home' fees under this category, you must meet all of the following criteria:
(a) on the first day of an academic year of your course, you must be the child of a Turkish national; and
(b) on the first day of that academic year of your course, your Turkish national parent must:
and
(c) you must be ordinarily resident in the UK on the first day of the first academic year of the course; and
(d) you must have been ordinarily resident in the EEA and/or UK and/or Switzerland and/or Turkey and/or the overseas territories and/or Gibraltar for the three years before the first day of the first academic year of the course.
If you started your course on or after 1 August 2021:
This category has been replaced. Do not read the information about this category given above. Instead read the pdf guide (the link is towards the top of this page) for information about the new category for 'Brexit protected rights: Child of a Turkish worker'.
