This section has explanations about words and terms which occur in our information, above. These explanations should not be read in isolation but, instead, combined with the appropriate fee status category.
For the purposes of fee status / Student Support assessment, ‘dependent’ (and what it means to be a 'dependant') are not defined in EU law or in the UK Education regulations.
In the European Court of Justice (ECJ) it has been held that, for a relationship of dependency to exist, it is simply a question of looking at the facts and deciding whether a person provides an other person with some kind of support, eg, financial help, accommodation or other material support (see the ECJ case of Centre public d’aide sociale de Courcelles v Lebon (Case 316/85)).
The following has also been held in ECJ cases:
- there is no need to show the reason for the material support; merely that it existed and that, having regard to their financial and social conditions, the family member is not in a position to support themselves (see the ECJ case of Yungying Jia v Migrationsverket [2007] ECR 1-000 and the Court of Appeal case of SM (India) [2009] ECWA Civ 1426);
- (in a specific case of a parent claiming dependency on their child) emotional bonds alone between a parent and young child cannot give rise to a finding that a parent is dependent on his or her child; suggesting that ‘emotional dependency’-alone between two people is not enough to demonstrate dependency (see the ECJ case of Kunqian Catherine Zhu and Man Lavette Chen v Secretary of State for the Home Department (Case C-200/02)). Subsequent to the above case, UKCISA has been advised by a legal expert that emotional dependency may be enough on its own but it would be difficult to provide evidence of such dependency.
The EEA is a larger area than the EU. It is made up of all the countries in the EU plus:
- Iceland
- Liechtenstein
- Norway (including Svalbard)
For categories where the residence area includes the EEA, the residence area is made up of all 30 countries in the EEA including the whole of the island of Cyprus (that is, including Northern Cyprus).
For the purposes of FE fees assessment in England, the EEA also includes Switzerland and the overseas territories.
You are an EU national if you are a national or citizen of one of the following:
- Austria
- Belgium
- Bulgaria
- Republic of Cyprus (but not the Turkish Republic of Northern Cyprus)
- Croatia
- Czech Republic
- Denmark
- Estonia
- Finland (extra note: the territory of Finland includes the Aland Islands)
- France (extra note: the territory of France includes the French Overseas Departments of Guadeloupe, Martinique, Mayotte, French Guyana, Reunion and Saint-Martin)
- Germany (extra note: the territory of Germany includes Heligoland)
- Greece (The Consular Office of the Greek Embassy in the UK confirmed for us that "anyone who holds a passport / ID card issued by the Greek Government would be a Greek national who is registered with the Greek Municipal Authorities. This would include those whose documentation describes them as Greek nationals of Hellenic descent. Any such person is, therefore, an EU national [...] unless [...] nationality has been revoked in accordance with Greek law".)
- Hungary
- Ireland
- Italy
- Latvia
- Lithuania
- Luxembourg
- Malta
- Netherlands
- Poland
- Portugal (extra note: the territory of Portugal includes Madeira and the Azores)
- Romania
- Slovakia
- Slovenia
- Spain (extra note: the territory of Spain includes the Balearic Islands, the Canary Islands, Ceuta, and Melilla)
- Sweden
Special note about the UK, for students starting their course before 11pm on 31 December 2020:
An 'implementation period' followed the UK’s exit from the EU on 31 January 2020, which meant that until 11pm on 31 December 2020, for fees assessment purposes a UK national was still treated as an EU national, and the UK was still treated as part of the EU.
During the implementation period, Gibraltar was treated as part of the territory of the UK.
The 'first day of the academic year' is defined in the fees regulations, which say that if your academic year starts between:
- 1 August and 31 December inclusive, the first day of the academic year is 1 September;
- 1 January and 31 March inclusive, the first day of the academic year is 1 January;
- 1 April and 30 June inclusive, the first day of the academic year is 1 April;
- 1 July and 31 July inclusive, the first day of the academic year is 1 July.
This date is used regardless of when your course term starts or when your lectures commence.
You are ordinarily resident in the relevant residence area (which depends on the category and its qualifying conditions) if you have habitually, normally and lawfully resided in that area from choice. Temporary absences from the residence area should be ignored and therefore would not stop you being ordinarily resident. It has also previously been successfully argued in the UK courts that an individual can be ordinarily resident in more than one place at the same time; individuals wishing to demonstrate this would have to be living a lawful, normal and habitual residence in each of the areas in question.
If you can demonstrate that you have not been ordinarily resident in the relevant residence area only because you, or a family member, were temporarily working outside the relevant residence area, you will be treated as though you have been ordinarily resident there.
Where a category includes a condition that the main purpose of your residence must not have been to receive full-time education, a useful question to ask is: "if you had not been in full-time education, where would you have been ordinarily resident?". If the answer to this question is "outside the relevant residence area" this would indicate that the main purpose for your residence was full-time education. If the answer is that you would have been resident in the relevant residence area even if you had not been in full-time education, this would indicate that full-time education was not the main purpose for your residence in the relevant area.
See Ordinary residence case law for how the UK courts have debated issues of ordinary residence.
'Overseas territories' means both British overseas territories and the overseas territories of European Union member states. We have separated them into two different lists here. Both lists together make up the 'overseas territories'.
British overseas territories
- Anguilla
- Bermuda
- British Antarctic Territory
- British Indian Ocean Territory
- British Virgin Islands
- Cayman Islands
- Falkland Islands
- Gibraltar
- Montserrat
- Pitcairn, Henderson, Ducie and Oeno Islands
- South Georgia and the South Sandwich Islands
- St Helena and Dependencies (Ascension Island and Tristan de Cunha)
- Turks and Caicos Islands
Overseas territories of EU member states
- Aruba
- Faroe Islands
- French Polynesia
- French Southern and Antarctic Territories
- Greenland
- Mayotte
- Netherland Antilles (Bonaire, Curaçao, Saba, Sint Eustatius and Sint Maarten)
- the Territory of New Caledonia and Dependencies
- Saint-Barthélemy
- St Pierre et Miquelon
- Wallis and Futuna Islands
'Settled' means being both ordinarily resident in the UK and without any immigration restriction on the length of your stay in the UK. The regulations take this definition of 'settled' from immigration law (section 33(2A) of the Immigration Act 1971).
You have no immigration restriction on the length of your stay in the UK if you fall into one of the following groups.
Indefinite Leave to Enter/Remain (ILE/ILR)
If you have Indefinite Leave to Enter (ILE) or Indefinite Leave to Remain (ILR) in the UK, you have no immigration restriction on the length of your stay in the UK.
If you have been given ‘settled status’ under the EU Settlement Scheme, then you have ILE or ILR. That means you have no immigration restriction on the length of your stay in the UK. It is important to note that if you have only been given ‘pre-settled status’ under the EU Settlement Scheme, then you do not have ILE or ILR.
If you have ILE or ILR in Jersey, Guernsey, or the Isle of Man, then this is considered to be ILE or ILR in the UK whenever you are in the UK.
British citizen
If your passport describes you as a ‘British citizen’, you have no immigration restriction on the length of your stay in the UK.
Right of Abode
If you have a Certificate of Entitlement to the Right of Abode in the UK in your passport, you have no immigration restriction on the length of your stay in the UK.
Republic of Ireland citizen
If you are a citizen of the Republic of Ireland, you have no immigration restriction on the length of your stay in the UK. You are also an EU national.
Right of permanent residence in the UK
In England, Wales, and Northern Ireland, people who had the right of permanent residence in the UK under European law were always excluded from using the category for people with 'settled status in the UK', in both the regulations for fees and the regulations for Student Support.
Non-UK national serving in the British armed forces
If you are a non-UK national serving in the British armed forces, you are treated as having no immigration restriction on the length of your stay in the UK, while you serve in the British armed forces. This is because of section 8(5) of the Immigration Act 1971.
Where status is not ‘settled’
You do not have settled status if you:
- have a time limit on the length of your stay in the UK, as shown by your current immigration permission (you have 'limited leave'); or
- are exempt from immigration control, for example you are living in the UK as a diplomat or a member of their household/family (there is an exception to this if you are a non-UK national serving in the British armed forces [see above]); or
- have a type of British passport that does not give you British citizenship, for example British National (Overseas), and you do not have Indefinite Leave.
The area of residence described as UK and Islands consists of:
- Northern Ireland, England, Wales and Scotland (the United Kingdom, or 'UK'); and
- Channel Islands and Isle of Man (the 'Islands').
Relevant family members of EU nationals or British Citizens
The definitions of family members in the fees regulations are different from those used in immigration law. The fees regulations only count the specific people listed below as a “relevant family member” of an EU national or a British Citizen. Other family members may have had the right to come to the UK under EU law, but they are not a “relevant family member” for fees assessment purposes.
Who counts as a relevant family member of an EU national or British Citizen?
- spouse / civil partner of the EU national
- spouse / civil partner of the British Citizen
- direct descendant of the EU national, or of the EU national's spouse / civil partner, who is:
- under 21 years old; or
- 21 or over and dependent on the EU national or on the EU national's spouse / civil partner
- direct descendant of the British Citizen, or of the British Citizen's spouse / civil partner, who is:
- under 21 years old; or
- 21 or over and dependent on the British Citizen or on the British Citizen's spouse / civil partner
- additionally (but if the EU national is in the UK as a student, they must be self sufficient), the dependent direct ascendant of the:
- EU national; or
- EU national's spouse / civil partner
- ascendants of British Citizens do not count as relevant family members
'Spouse' means someone who is in a valid marriage. It does not include people who are living together but who are not married. 'Civil partners' are same-sex or opposite-sex couples who have registered their partnership and who have thereby gained formal legal recognition of their relationship. Schedule 20 of the Civil Partnership Act 2004 provides a list of partnerships in countries outside the UK that are automatically treated as civil partnerships. Opposite-sex couples were only included in the definition of ‘civil partners’ in 2019, so these individuals only count as having been ‘civil partners’ from 2 December 2019 (in England and Wales), and from 13 January 2020 (in Northern Ireland). The definition of ‘civil partners’ given above is the one used in England, Wales and Northern Ireland.
The regulations do not define what a 'descendant' means. However, the UK Government indicated its view on this when England's Department for Education confirmed to us that it considers a 'direct descendant' to "include child, grandchild and great-grandchild (to include step and adopted children, but not foster children)". Similarly, the regulations do not define what an 'ascendant' means but it can include the parent/grandparent of a person.
See the Dependent toggle, above, for further guidance around what it means to be dependent.
Relevant family members of EEA workers
The definitions of family members in the fees regulations are different from those used in immigration law. The fees regulations only count the specific people listed below as a “relevant family member” of an EEA worker. Other family members may have the right to come to the UK, but they are not a “relevant family member” for fees assessment purposes.
Who counts as a relevant family member of an EEA Worker?
- spouse / civil partner of the EEA worker
- direct descendant of the EEA worker, or of the EEA worker's spouse / civil partner, who is:
- under 21 years old; or
- 21 or over and dependent on the EEA worker or on the EEA worker's spouse / civil partner
- dependent direct ascendant of the:
- EEA worker; or
- EEA worker's spouse / civil partner
'Spouse' means someone who is in a valid marriage. It does not include people who are living together but who are not married. 'Civil partners' are same-sex or opposite-sex couples who have registered their partnership and who have thereby gained formal legal recognition of their relationship. Schedule 20 of the Civil Partnership Act 2004 provides a list of partnerships in countries outside the UK that are automatically treated as civil partnerships. Opposite-sex couples were only included in the definition of ‘civil partners’ in 2019, so these individuals only count as having been ‘civil partners’ from 2 December 2019 (in England and Wales), and from 13 January 2020 (in Northern Ireland). The definition of ‘civil partners’ given above is the one used in England, Wales and Northern Ireland.
The regulations do not define what a 'descendant' means. However, the UK Government indicated its view on this when England's Department for Education confirmed to us that it considers a 'direct descendant' to "include child, grandchild and great-grandchild (to include step and adopted children, but not foster children)". Similarly, the regulations do not define what an 'ascendant' means but it can include the parent/grandparent of a person.
See the Dependent toggle, above, for further guidance around what it means to be dependent.
Relevant family members of Swiss workers
The definitions of family members in the fees regulations are different from those used in immigration law. The fees regulations only count the specific people listed below as a “relevant family member” of a Swiss worker. Other family members may have the right to come to the UK, but they are not a “relevant family member” for fees assessment purposes.
Who counts as a relevant family member of a Swiss worker?
- spouse / civil partner of the Swiss worker
- child of the Swiss worker, or of the Swiss worker's spouse / civil partner
'Spouse' means someone who is in a valid marriage. It does not include people who are living together but who are not married. 'Civil partners' are same-sex or opposite-sex couples who have registered their partnership and who have thereby gained formal legal recognition of their relationship. Schedule 20 of the Civil Partnership Act 2004 provides a list of partnerships in countries outside the UK that are automatically treated as civil partnerships. Opposite-sex couples were only included in the definition of ‘civil partners’ in 2019, so these individuals only count as having been ‘civil partners’ from 2 December 2019 (in England and Wales), and from 13 January 2020 (in Northern Ireland). The definition of ‘civil partners’ given above is the one used in England, Wales and Northern Ireland.
The following categories refer to someone being the 'child' of another person:
- Child of a Swiss national
- Swiss workers, and family
- Child of a Turkish worker
- Refugees, and family
- Those granted humanitarian protection, and family
- Those granted stateless leave, and family
- Persons granted leave under the Afghan Schemes, and family
- Persons granted leave under the Ukraine Schemes, and family
- Those with discretionary leave, and family
When these categories refer to a 'child', there is no requirement for the 'child' to be below a certain age (so the 'child' can be over 18, or over 21). There is also no requirement for the 'child' to be dependent on the 'parent' (or anyone else).
The regulations simply state that:
"'parent' means a parent, guardian or any other person having parental responsibility for a child, and 'child' is to be construed accordingly".
You can read a Government explanation of what 'parental responsibility' is. If a person is already 18 then 'parental responsibility' cannot start if it has not already been established.
7 August 2021
Changes throughout to reflect widespread changes to categories from 1 August 2021.
8 August 2021
Link to pdf guide 'Who pays 'home' fees for higher education in Northern Ireland?' added.
6 December 2021
Version 2 of pdf guide (6 December 2021) uploaded, to replace version 1 (8 August 2021).
13 August 2022
Information on category 18, 'Persons granted leave under the Afghan Schemes' included.
17 November 2022
Layout of page adjusted, for clarity. Information on categories 11 ('Evacuated or assisted British nationals from Afghanistan') and 12 ('Persons granted leave under the Ukraine Schemes') included. Notes about expiring leave, and becoming eligible, added to the special status categories. Categories A to I put into the past tense, for clarity.
25 November 2022
Version 3 of pdf guide (25 November 2022) uploaded, to replace version 2 (6 December 2021).
12 January 2023
Section on 'If a biometric residence permit shows 'ALES' added to category 10, 'Persons granted leave under the Afghan Schemes'.
26 March 2024
Categories 2,3,4,5,6,7,8,9,10,11 and 12 each split into two, to show separate requirements for those years that start before August 2024 (in the categories labelled 'b'), and those years that start from August 2024 onwards (in the categories labelled 'a'). Provision for spouses, civil partners and children added to category 12, 'Persons granted leave under the Ukraine Schemes'. Provision for spouses, civil partners and children expanded in category 10, 'Persons granted leave under the Afghan Schemes'. These all reflect changes made by the Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2024.
27 March 2024
Version 4 of pdf guide (27 March 2024) uploaded, to replace version 3 (25 November 2022).
21 May 2024
Version 5 of pdf guide (21 May 2024) uploaded, to replace version 4 (27 March 2024).
10 August 2024
Note added to requirement (b) of categories 2a, 3a, 4a, 5a, 6a, 7a, 9a, 10a and 12a (and to requirement (a) of category 8a), to explain how the requirement becomes less strict for later years of the course. Note about the effect of a refugee gaining British citizenship updated. Provision for children added to category 2a, 'Person granted indefinite leave as a victim of domestic violence or abuse' and category 3a, 'Those with indefinite leave on the bereaved partner route'; and reference to new appendices in the Immigration Rules added to both categories. Mention of Ukraine Permission Extension Scheme added to category 12a, 'Persons granted leave under the Ukraine Schemes, and family'. All these changes reflect changes made by the Education (Student Support, etc.) (Amendment No.2) Regulations (Northern Ireland) 2024. Version 6 of pdf guide (10 August 2024) uploaded, to replace version 5 (21 May 2024).
