UKCISA’s pdf guide, ‘Who pays ‘home’ fees for higher education in England?’ has been updated to reflect a new policy paper that has been issued by England’s Department for Education:
The policy paper provides the following guidance from the Department for Education on two important points about late applicants to the EU Settlement Scheme:
1.When a late applicant to the EUSS counts as a ‘person with protected rights’
Anyone who is waiting for a decision on an EU Settlement Scheme (EUSS) application should be considered to meet the definition of a ‘person with protected rights’ for the purpose of the fees and Student Support regulations, if they have a Certificate of Application for their EUSS application. This is the case even if the EUSS application was made late (beyond the usual deadline, which for many people was 30 June 2021).
If this affects you, show this UKCISA news story to your fee assessor so they can consider your situation afresh. If you are a fee assessor, consider whether any fee assessments you have already made might be affected.
2.Residence should be treated as lawful
A person who makes a late application to the EUSS should have any period of residence in the UK and Islands between missing the deadline for the EUSS and making their EUSS application treated as lawful residence, even if it was unlawful. This means the residence can count as ‘ordinary residence’.
This is how the Department for Education expressed this concession in the document:
“Those who fail to apply to the EU Settlement Scheme within the applicable deadline… but do so at a later date, any period of unlawful residence in the UK and Islands beyond the expiry of the deadline up to the date a valid late application is made is to be treated as lawful residence for the purpose of considering the 3-year ordinary residence requirement.”
Joining family members
On the same day, the Department for Education issued a separate policy paper:
This covers matters that were explained at point 3 of the UKCISA news story ‘Version 3 of ‘Who pays ‘home’ fees for HE in England?’ (25 September 2021), and are already incorporated in the pdf guide.
Downloading the pdf guide
Please only use Version 4 of the pdf guide from now on. It is dated 8 October 2021.
Students can download Version 4 of the pdf guide (‘Who pays ‘home’ fees for HE in England?’) from the UKCISA website. UKCISA members will probably prefer to use the member copy of Version 4 - it can be downloaded by UKCISA members from section 2.5 of the fees section of the UKCISA online manual (look in the Resources box at the bottom of the page). It includes useful additional footnotes.
As explained at the beginning of the pdf, it is a ‘living’ document and readers should expect to see it develop over time. Please always use only the most recent version.