We have now updated our website information, at Scotland: fee status, to reflect changes brought in by the Scottish Government’s recent amendment regulations, The Education (Fees and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2024.
Amendments have been made to Scotland’s fees regulations; The Education (Fees) (Scotland) Regulations 2022. Scottish Government has confirmed to us the changes are intended to apply only to those starting a course on or after 1 August 2024 and our website information is intended to reflect these new provisions.
Changes regarding ordinary residence
From 1 August 2024, all categories will be subject to cross-cutting requirements about ordinary residence, affecting any category where there is a test of being ordinarily resident in Scotland on the relevant date, as well as categories where there is a test of ordinary residence in a specified area for a three-year period. This is because of changes made to Schedule 2 (Ordinary Residence) of The Education (Fees) (Scotland) Regulations 2022. All of the restrictions were already in the regulations but, owing to previous drafting, didn’t all apply across all categories in the way they now will.
Other amendments extend existing protections from the loss of ordinary residence status, across all categories in Schedule 1.
Change to the ‘refugees’ category
Those eligible under the ‘refugees’ category no longer need to be ‘ordinarily resident’ in Scotland on the relevant date. The regulations will instead require that such a person needs to be ‘resident’ on this date. This appears to mean that refugees will not be subject to the ordinary residence restrictions outlined above. We will seek clarity from Scottish Government on this and what it means regarding eligibility for the ‘RUK’ fee under this category. The change does not affect family members eligible under this category. Equivalent changes are being made for ‘Persons granted leave following on from refugee claim’.
Changes to several other asylum-related categories
A small change means that the principal person under each of the following categories will no longer be required to have been ordinarily resident in the United Kingdom “at all times” since first being granted the specific leave which qualifies them under their respective category:
- ‘Relocated Afghan citizens’
- ‘Persons granted stateless leave’
- ‘Persons granted discretionary leave to remain as a victim of modern slavery’.
We are not clear why this change has been made, as it does not appear to impact on the underpinning requirement to have been “ordinarily resident […] since having been granted […]” their respective leave and ordinary residence does allow for temporary absences. However, the change does increase consistency with other categories.
Two new categories
New categories are being added to the regulations: for ‘Female Afghan students’ and ‘Children of persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse’. Additionally, amendments are to be made to the existing category, ‘Persons granted indefinite leave to remain as a victim of domestic violence or domestic abuse’. The term ‘Leave to enter’ is being replaced by ‘leave to enter or remain’ along with some other technical changes relating to the parts of the Immigration Rules that this category is based on.
Change to the ‘Ukrainian nationals’ category
In the category for ‘Ukrainian nationals’, the definition of a ‘relevant application’ is being amended so that ‘Ukraine Sponsorship Scheme’ is removed and ‘Homes for Ukraine Sponsorship Scheme’ and ‘Ukraine Permission Extension Scheme’ are added.
